Short answer
Yes. Under Washington law you can generally resume medical care after a break in treatment and still pursue compensation for accident-related injuries. However, gaps in treatment can create evidentiary and legal issues that a defense may use to reduce or deny damages. Acting promptly now, documenting why you stopped treatment, and collecting medical evidence linking current treatment to the original injury will improve your chances of recovering fair compensation.
Why gaps matter in a personal injury claim
In any negligence or injury case the plaintiff must prove (1) the defendant’s negligence, (2) that the negligence caused injury (causation), and (3) the amount of damages. A long or unexplained gap in treatment can affect the second and third elements:
- Causation: The defense may argue the later symptoms are from a new cause or a preexisting condition, not the defendant’s conduct.
- Damages and mitigation: Washington law allows defendants to argue a plaintiff failed to mitigate damages—i.e., did not take reasonable steps to limit harm—which can reduce awards.
Statutes and time limits to watch
Timeliness matters. For most Washington personal injury claims, you generally must start a lawsuit within the state’s statute of limitations. For ordinary negligence claims, see RCW 4.16.080: lawsuits for injuries to the person must be brought within the period specified there. For medical-malpractice claims, Washington has a statute with special rules and limits; review RCW 4.16.350 for timing that includes a discovery rule and an overall time limit from the act or omission.
Links:
- RCW 4.16.080 (limitations for personal injury actions)
- RCW 4.16.350 (medical malpractice—special timing rules)
How courts and juries typically view a resumed treatment after a gap
Courts and juries evaluate reasons and context. Legitimate reasons for a gap—such as financial hardship, loss of insurance, difficulty getting appointments, being told symptoms were minor, travel, or following a doctor’s advice to wait—are often accepted if supported with documentation. Conversely, a gap with no explanation may create doubt about whether the original incident caused the current injury.
Steps to strengthen your claim after resuming care
- See a qualified provider now: Talk to a physician, urgent care, or specialist and get a clear diagnosis and treatment plan that links your current condition to the accident or incident.
- Document why you paused treatment: Gather emails, bills, insurance denials, appointment records, pay stubs (showing inability to miss work), or statements explaining travel or advice received from clinicians.
- Obtain complete medical records: Request records from all providers who treated you for the injury before and after the gap. Include imaging, test results, and office notes.
- Get a treating-provider statement: Ask your current treating clinician to explain in writing how the current diagnosis relates to the original injury and whether the care provided now is a reasonable continuation of prior care.
- Preserve evidence: Keep photos, witness contacts, property damage records, and any correspondence about treatment or insurance.
- Track expenses and losses: Save receipts, invoices, missed-wage documentation, and records of out-of-pocket costs.
- Talk to an attorney early: An attorney can evaluate how the gap might affect causation arguments, advise about statutes of limitations, and preserve claims through a demand or timely filing if necessary.
Common defenses you should expect and how to respond
- Defense: New intervening cause: Response—produce records and expert statements tying your condition to the original incident and show no intervening event could reasonably explain the worsening.
- Defense: Failure to mitigate: Response—show why you delayed (financial, access, follow-up instructions) and that the care you are now receiving is reasonable under the circumstances.
- Defense: Delay undermines credibility: Response—provide contemporaneous documentation (texts, emails, appointment logs) and credible explanations for the delay.
Special note about medical malpractice claims
Medical-malpractice claims in Washington follow specific timing rules and may impose an outer limit on how far back you can go. See RCW 4.16.350. If your gap involves treatment by medical providers whose actions you believe caused harm, consult counsel quickly to ensure you do not miss shortened deadlines or notice requirements.
When resuming care might still harm your claim
If your treatment choices after a gap are unreasonable (for example, refusing diagnostic tests recommended by doctors without a good reason), the defense may argue the decision increased your damages or prevented effective treatment. Follow reasonable medical advice and document any refusal or limitation of care and why it occurred.
Helpful hints
- Resume care immediately and be honest with providers about the full timeline and any gaps.
- Keep a simple injury timeline showing the accident, symptoms, medical visits, and reasons for any breaks.
- Request and save all medical bills, records, imaging, and correspondence with insurers and providers.
- Get written opinions from current treating providers linking injuries and care to the original event.
- If finances are a barrier, ask providers about payment plans or community clinics and document denials or delays from insurers.
- Speak to a personal injury lawyer before waiting too long; many offer free consultations and can explain the statute of limitations and evidence needed to protect your claim.
Disclaimer: This article provides general information about Washington law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Washington attorney who handles personal injury or medical-malpractice claims.