Detailed Answer
Under Virginia law, promptly seeking medical treatment is crucial for a strong personal injury claim. A delay can weaken your ability to prove causation and open the door to a contributory negligence defense—potentially barring your entire claim.
1. Impact on Proving Causation
To recover damages, you must show that the defendant’s negligence was the proximate cause of your injuries. A long gap between the accident and your first medical visit gives the defense room to argue that other events caused or worsened your condition. Without early medical records, linking your current injuries to the accident becomes harder.
2. Strict Contributory Negligence Rule
Virginia enforces a strict contributory negligence rule. If the defense proves your own negligence contributed to your harm in any way, you cannot recover any damages. Courts have held that unreasonable delays in obtaining necessary treatment can qualify as contributory negligence. See Va. Code § 8.01-581 at law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-581/.
3. Effects on Damages Calculation
Insurers evaluate medical bills, treatment plans and prognosis when calculating damages. Delays can reduce past medical expenses and future care estimates. They may argue that you would have needed fewer treatments with prompt care or that your condition stabilized before treatment.
4. Insurance Company Defense Tactics
Insurance adjusters often use treatment delays to negotiate lower settlements. They may:
- Attribute injuries to unrelated events during the delay.
- Characterize injuries as minor or pre-existing.
- Demand independent medical examinations.
5. Practical Steps to Protect Your Claim
Even if you miss immediate treatment, take these steps:
- Seek medical care as soon as possible, even for mild symptoms.
- Keep detailed records of all medical visits, diagnoses and treatments.
- Follow your doctor’s treatment plan and attend all appointments.
- Preserve photos of injuries and accident scene.
- Notify your insurance company promptly and accurately.
- Consult an attorney early to address any delay concerns.
Helpful Hints
- Document all symptoms and changes in your condition.
- Ask providers to note the cause of your injuries in medical records.
- Maintain a treatment journal with dates and descriptions.
- Watch for ongoing pain—address it immediately.
- Keep copies of all medical bills and correspondence.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.