Resume Medical Care After a Gap and Still Seek Compensation — Utah FAQ

Short answer: Yes — in Utah you can resume medical care after a gap and still pursue compensation for injuries caused by someone else. However, gaps in treatment create defense arguments about causation, severity, and mitigation of damages. How you document the gap, explain the reason for it, and preserve evidence and medical records strongly affects your claim.

Detailed Answer

How Utah law treats gaps in treatment

Utah law allows injured people to recover for past and future medical expenses, pain and suffering, and lost wages when another party’s negligence caused the injury. A pause in care does not automatically bar recovery. But insurance companies and defense lawyers frequently use treatment gaps to argue that:

• The injury was not caused by the accident.
• The injury resolved and later problems are unrelated (new intervening cause).
• You failed to mitigate your damages by not seeking timely treatment.

To overcome these arguments you must connect your resumed care to the original accident with clear, timely evidence.

Statute of limitations — why timing still matters

Most negligence claims in Utah must be filed within the state’s statute of limitations for personal injury. If you wait too long to sue, you can lose the right to compensation even if you later get treatment. For most personal injury claims the Utah limitations period is four years from the date of injury. See Utah Code § 78B-2-307 for the statutory rule on actions for injuries to the person or property: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html.

Special rules may apply to medical malpractice, claims against government entities, or discovery-based deadlines. Always check the exact limitations period that applies to your claim and act early.

Burden of proof and establishing causation after a gap

The injured person must show that the defendant’s conduct more likely than not caused the injury (preponderance of the evidence). After a treatment gap you should assemble evidence that ties your resumed treatment to the accident:

• Medical records showing dates, symptoms, and diagnostic findings before and after the gap.
• Provider notes or opinions linking your condition to the original incident.
• Photographs, videos, or contemporaneous notes that show continuing symptoms.
• Witness statements confirming you complained about pain or limited function during the gap.
• Records explaining the reason for the gap (financial hardship, lack of access, pregnancy, military deployment, other medical advice, or caring for family members).

Mitigation of damages — what courts expect

Utah courts expect claimants to take reasonable steps to reduce harm (mitigate damages). That does not mean perfect care — it means reasonable, timely steps given the circumstances. If you had a legitimate reason for delaying care, document it. A reasonable explanation and prompt resumption of treatment strengthen your claim.

How insurers commonly respond and how to prepare

Insurers commonly use a gap to: (1) delay payment, (2) push a low settlement, or (3) argue unrelatedness. To reduce these risks:

• Keep an organized medical timeline with dates, providers, diagnoses, and bills.
• Get treating providers to explain in notes how the symptoms relate to the accident.
• Be consistent in describing your symptoms to doctors, witnesses, and adjusters.
• Preserve all records from before the gap showing ongoing symptoms, even if you weren’t in active treatment.

Practical example (hypothetical)

Jane is rear-ended in Utah and has neck pain. She sees urgent care and is told to rest. She returns to work but the pain is manageable, so she does not follow up for six months. After six months, the pain worsens and she sees a chiropractor and orthopedist who order imaging and start treatment. To preserve her claim Jane should:

• Keep the urgent care visit record and any notes about ongoing symptoms.
• Have the orthopedist document the history, including that pain began at the crash and never fully resolved.
• Explain the reason for the gap (e.g., lack of insurance, time constraints) in provider notes or via a sworn statement.
• Check the four-year limitations deadline and consult an attorney before it expires.

If Jane follows these steps she can usually prove her need for continued care ties back to the crash and pursue compensation.

When to contact an attorney

Talk to a Utah personal injury attorney early if you have any of these issues:

• A significant gap in treatment or gaps the other side will question.
• Complex medical issues, preexisting conditions, or multiple providers.
• Difficult insurance defenses, low settlement offers, or a potential lawsuit.
• Potential claims against a government entity (shorter notice deadlines often apply).

An attorney can preserve evidence, get medical experts to explain causation in light of the gap, and protect your rights before a statute of limitations expires.

Helpful Hints

• Document everything. Create a clear timeline of the accident, all symptoms, and all health care visits (even phone calls or telemedicine notes).
• Explain why you stopped treatment. Record reasons in medical records or an affidavit (insurance, pregnancy, transportation, covid-care limitations, etc.).
• Ask treating providers to tie their diagnosis and recommended treatment to the accident in writing.
• Preserve early evidence: photos of injuries, repair estimates, witness contact info, and text messages mentioning pain or limitations.
• Get a current treating provider to explain how earlier treatment and the recent care form a continuous injury narrative.
• Know deadlines. Most Utah personal injury claims must be filed within four years of the injury (see Utah Code § 78B-2-307: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html).
• Consider imaging and objective testing if available; objective findings help overcome “it resolved” defenses.
• Preserve privacy but keep copies. Request and save all medical records and bills — do not rely on providers to retain copies just for you.

Final point: Resuming treatment after a gap does not doom a Utah injury claim. Solid documentation, credible medical opinions tying your condition to the accident, and awareness of filing deadlines make recovery possible.

Disclaimer

This article is educational and does not constitute legal advice. I am not a lawyer. For advice about your specific situation and deadlines under Utah law, consult a licensed Utah attorney promptly.