FastCounsel

Short answer

Yes — you can restart medical treatment after a gap and still pursue compensation for an injury in Virginia. However, gaps in treatment make your claim more vulnerable to attack on causation and damages. Taking the right steps now improves the chances you will be paid fairly.

Detailed answer: how gaps in treatment affect Virginia injury claims

Virginia allows injured people to recover for medical bills, pain, lost wages, and other damages when another party caused their injury. Two key legal issues that gaps in treatment affect are causation (showing the injury was caused by the event you blame) and damages (showing the treatment and bills were reasonable and necessary).

Statute of limitations — act promptly

Most personal injury claims in Virginia must be filed within two years of the date the cause of action accrues. See Va. Code § 8.01-243 for the basic limitations rule: Va. Code § 8.01-243. Do not rely on waiting to get more treatment before speaking with an attorney — the clock to file may already be running.

How a gap can hurt your case

• Causation attacks: The defense can argue that the injury is from a later event, a preexisting condition, or normal aging rather than the incident you describe.
• Reasonableness of treatment: If you delay care, the defense may claim your later treatment was unnecessary or excessive.
• Reduced credibility: Long unexplained gaps may make juries or insurers doubt your account or the severity of injury.

How a gap can be explained and overcome

Gaps are not automatically fatal to a claim. Courts and juries accept gaps when there are reasonable explanations and objective medical evidence linking the current condition to the incident. Typical acceptable explanations include awaiting appointments with specialists, financial or insurance barriers, treating symptoms at home, believing the injury would improve, or receiving initial conservative care (rest, medication) before later specialist care.

Key evidence that helps after a gap

• Contemporaneous records from the time of the incident (ER notes, ambulance reports, employer incident forms).
• Medical records that document: onset of symptoms, continuity of complaints, examinations showing injury progression, and treating provider opinions connecting your condition to the event.
• Imaging, diagnostic tests, or physical findings that show objective injury.
• Photographs of injuries, daily symptom logs, and records of out-of-pocket expenses and time missed from work.
• An expert medical opinion (your treating doctor or an independent expert) that explains why the injury could show delayed symptoms or why treatment was deferred.

Practical steps to protect your claim after you restart care

1. Seek and document care now. Restart or continue medical treatment promptly. Ask each provider to record when and how your symptoms began and whether the provider believes they stem from the original incident.
2. Preserve early evidence. Get copies of any ER or initial clinic records, accident reports, witness statements, and photos tied to the date of the incident.
3. Explain the gap in records. When you see new providers, explain why you did not continue care earlier. Ask them to include that explanation in the medical record.
4. Obtain objective proof. Ask for tests or imaging that can corroborate the injury and link it to the incident, if medically appropriate.
5. Get an expert medical opinion. A treating physician or retained medical expert can explain delayed symptom onset, intermittent care, or why conservative choices were reasonable.
6. Contact a Virginia personal injury attorney early. An attorney can preserve evidence, advise about timing (statute of limitations), and help obtain expert declarations if needed.

What your lawyer will focus on

Your attorney will evaluate: (1) the timeline of injury and treatment; (2) medical records and objective findings; (3) whether the gap can be reasonably explained; and (4) the need for an expert to link current injuries to the original event. They will also watch the filing deadline under Va. Code § 8.01-243 and any other applicable rules.

When a gap is most harmful

Gaps matter most when:

• The delay is long and unexplained.
• No objective signs link current problems to the event.
• There were intervening incidents that could have caused the new symptoms.

In those situations, the defense may succeed in reducing or denying compensation unless expert evidence ties the condition to the original injury.

Helpful Hints

• Keep a dated symptom diary and photo record from the moment you notice injury signs.
• Obtain and keep copies of all medical records and bills — early records matter most.
• Tell each treating clinician exactly when symptoms began and whether they relate to the earlier incident; ask them to record it.
• If cost prevents continuous care, explain this in medical notes (insurance denials, lost income, inability to travel).
• Do not give recorded statements to insurers without consulting an attorney.
• Preserve evidence of lost wages and repair or care expenses tied to your condition.
• Consult an attorney before the two-year deadline under Va. Code § 8.01-243 expires: Va. Code § 8.01-243.