Detailed Answer
Imagine you were a passenger in a Texas vehicle accident. You suffered soft-tissue injuries to your neck and back when another driver ran a red light. To protect your injury claim, you must maintain continuity of care. Continuity of care refers to consistent, documented treatment from accident through recovery. It shows insurers and courts that your injuries directly link to the crash and that you mitigated your damages.
1. Seek Immediate Medical Evaluation
Obtain a medical exam within 24–72 hours. Early treatment creates a causal link between the crash and your injuries. Delay can allow defense counsel to argue that your injuries stem from other events.
2. Follow Your Provider’s Recommendations
Adhere to the treatment plan your doctor prescribes. Attend physical therapy, specialist visits, imaging studies, or any follow-up care. Skipping appointments or failing to follow instructions weakens your claim.
3. Document Every Visit and Expense
Keep copies of medical bills, receipts for prescriptions, mileage logs, and appointment summaries. Organized records show the scope of your damages and make it harder for insurers to dispute treatment necessity.
4. Notify Your Insurer and the At-Fault Driver’s Insurer Promptly
Provide timely notice of your claim. Under Texas law, prompt notice helps avoid coverage disputes (Tex. Ins. Code §1952). Report your claim within the deadlines set by your policy and the at-fault insurer.
5. Preserve Medical Records and Evidence
Request copies of all medical records and test results. If you switch providers, ask for summaries or transfer records. Preserve vehicle damage photos, police reports, and witness statements.
6. Understand Texas’s Mitigation of Damages Rule
Texas law reduces your recovery if you fail to mitigate damages. Under Tex. Civ. Prac. & Rem. Code §33.004(b), the court can lower your award for failure to make a reasonable effort to mitigate after you knew or should have known of your injuries. Continuity of care demonstrates you mitigated properly.
7. Consult an Attorney Early
While this article is not legal advice, speaking with a qualified personal injury attorney can help ensure you follow all procedural requirements and preserve your rights.
Disclaimer: This article does not provide legal advice. It serves as general information under Texas law. Consult a licensed attorney for advice on your specific situation.
Helpful Hints
- Schedule your first medical visit immediately after the crash—even at an urgent care clinic.
- Use a dedicated folder or digital app to store all accident-related documents.
- Keep a written log of pain levels and functional limitations between visits.
- Follow up on referrals promptly—delays can break continuity.
- Ask providers for written treatment plans and expected timelines.
- Notify your attorney of any new symptoms or medical appointments.