When you are involved in a car accident, it is important to seek medical attention promptly. Delaying treatment can lead to significant legal consequences and complicate your ability to prove your injuries were caused by the accident, potentially weakening your case.
Impact on personal injury claims
Delaying medical treatment after a car accident can significantly weaken your personal injury claim. Due to the delay, insurance companies and defense attorneys may argue that your injuries are less severe than you claim. This could lead to a lower settlement or even a denial of your claim.
Challenges proving causation
A delay in seeking medical care makes it harder to prove that the car accident directly caused your injuries. Waiting longer increases the likelihood that the defense will blame other factors and challenge your claim.
Additionally, the statute of limitations imposes a strict time limit for filing a personal injury claim (2 years from the date of injury in Texas), making prompt medical treatment important. Seeking immediate care strengthens your case by linking your injuries to the accident.
Effect on compensation
Delaying medical treatment can affect the amount of compensation you receive. Texas adheres to a modified comparative negligence rule, which allows you to recover damages only if the court finds you to be 50% or less at fault for your injuries.
This means that if the court finds you partially responsible for your injuries, they’ll reduce your compensation by your percentage of fault. Delaying treatment could lead to perceptions of neglecting your own well-being.
Protecting your rights
Seeking prompt medical attention can serve as important documentation after a car accident. Immediate action strengthens your personal injury claim and increases your chances of securing fair compensation.
