Detailed Answer
Under Wyoming law, a delay in seeking medical treatment after an accident can significantly affect the value of your personal injury claim. Courts and insurers look for prompt care as proof that your injuries stem directly from the incident. If you wait days or weeks before seeing a medical professional, a defense may argue:
- Weakened Causation: The longer you wait, the harder it becomes to link your injuries to the accident. A delayed treatment may suggest another cause or that your injuries aren’t as serious as claimed.
- Failure to Mitigate Damages: Wyoming imposes on every injured party a duty to minimize or “mitigate” damages by seeking reasonable care and treatment. If you unreasonably delay treatment, a jury may reduce your compensation by the additional harm your condition suffered during the delay.
- Comparative Negligence Reduction: Under Wyo. Stat. § 1-1-109 (https://wyoleg.gov/statutes/statutes.aspx?section=1-1-109), contributory negligence does not bar recovery but reduces your award by your percentage of fault. A jury could assign a portion of fault to you for delaying care, cutting your overall recovery.
- Statute of Limitations Risk: Wyoming’s two-year deadline for personal injury claims (Wyo. Stat. § 1-3-105, https://wyoleg.gov/statutes/statutes.aspx?section=1-3-105) begins on the date of injury. If you delay both treatment and consultation with an attorney, you risk missing this deadline entirely.
In practice, insurers often use any treatment delay to challenge the severity or cause of your injuries. They may argue that your condition worsened due to neglect or that your symptoms are unrelated. Even modest delays—such as waiting a week to see a doctor—can trigger these defenses.
Helpful Hints
- Seek medical attention immediately after an accident, even if you feel fine.
- Keep detailed records: intake forms, physician notes, diagnostic tests and all follow-up visits.
- Document your pain and daily limitations—journals or smartphone videos can help.
- Notify your insurer right away and comply with their requests for medical releases.
- Contact a Wyoming personal injury attorney early to ensure you meet all deadlines.
- Attend every recommended appointment; gaps in care can appear negligent to a jury.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified Wyoming attorney to discuss your specific situation.