Is It Ever Too Late to See a Doctor After an Accident?
Bottom line: It’s never too late to get a doctor’s counsel after an accident. It doesn’t matter if there was a car accident or a dog bite. However, legally, if you wait too long, going to the doctor can lead to troubling circumstances in your insurance claim. For that specifically and your health in general, Silverthorne Attorneys urges everyone who experiences an accident to see a doctor as soon as possible.
Here’s why.
Why One Shouldn’t Wait
Let’s look at two scenarios:
- You're in a car accident. You and your passengers feel fine. There's no significant damage. Everyone goes home feeling blessed. You don't contact your insurance company or get a police report. Only, a month later, you or a passenger starts to feel an ache in the spine. That slight pain increases over time, and eventually, you find you can't stand, sit, or walk for long periods of time. You get a medical examination. The tests show you have a musculoskeletal injury, most likely the result of a significant impact to the spine. You told the doctor about the accident. She can only assume that was the result of the accident.
- Your wife comes home from work and tells you that she slipped and fell in the supermarket's frozen food aisle. The floor was wet. There were no warning signs. Store employees were extremely kind and cooperative. They ask if she thinks she needs medical treatment. Your spouse says she feels fine. The manager even gave her the groceries for free. After a few weeks, your wife begins complaining of a growing, severe pressure in one of her legs. The diagnosis comes back: she has compartment syndrome, a time-sensitive condition where pressure restricts oxygen and blood flow to nerves and muscles. She requires immediate treatment to prevent further damage or loss of a limb.
- Identifies potential hidden injuries
- Leaves an opening for treatment earlier to manage long-term outcomes
- Prevents insurance companies from disputing your claim
Unfortunately, we must never forget the risks that come with insurance claims. Insurers will use any weakness in your claim to lowball or deny a claim. Waiting to see a doctor after an incident for any reason is one of their most powerful arguments.
Why You May Think You Don’t Need Medical Assistance
Whether it’s a slip-and-fall or a motorcycle accident, we are mentally and physically traumatized. The incident releases stress hormones, which can temporarily block pain signals. On top of that, we want to get out of that situation as soon as possible. To retrieve some form of normalcy. When combined, these conditions impact our physiological response, delaying awareness of injury. This can happen even if there’s internal trauma or tissue damage, which can occur on scene. In the meantime, the incident triggers a fight-or-flight response, and you leave the scene without thinking about the long-term impact.
Injuries can develop in increments or become triggered through a simple action, such as reaching for a pot or turning your head. Injuries can remain hidden until neurological or inflammation symptoms crop up. Left untreated, you’re mitigating long-term health issues, complicating all insurance and legal claims.
Examples
- A headache or series of headaches can seem minor, but could be indicative of a brain injury. The accident damage could also include cases of disorientation, confusion, or memory loss.
- Back or neck stiffness or pain could be linked to damage to the spine or surrounding soft tissues.
- Deep bruising or abdominal pain could mean organ damage.
- You find your normal range of motion is impaired. You can't bend over comfortably, you start walking with a limp, or experience adhesive capsulitis (the thickening and tightening of connective tissue in the shoulder).
Insurance companies aim to make a profit from your policy. And, despite your reasons for having coverage, they avoid and/or minimize pay-offs to balance their books, profits, and revenue. It’s frustrating for anyone looking to use the instrument you so diligently maintained for its justified reason, but insurance companies have guidelines for claims that must be meticulously followed. And one caveat is that policyholders receive medical assistance as early as practicable for legal documentation. Failing to report an incident within the insurer’s timeframe gives the company a valid reason to deny a claim, regardless of merit. That leaves you vulnerable.
Waiting to see a doctor increases the following risks.
Medical Danger
Treatment gap: The time between the medical evaluation and the accident weakens the link between injury and event. That makes it easier for your claim to be denied. Injuries undiagnosed: Concussions, organ bleeding, and sprains will worsen over time if not documented and treated properly. Common issues: Whiplash may not appear for days, but a doctor can set time tables to monitor the situation.
Managing the possibility of the above matters supports claims. However, if you wait, no matter the outcome, it will be harder to verify how you got the injury.
Procedural & Legal Struggles
Expirations
Every state has inarguable deadlines for reporting an accident. Depending on your jurisdiction, it’s often between 2 and 4 years. However, insurance companies want a health perspective as soon as possible, usually within three days. They will use any reasoning they can to dispute a claim. No argument helps insurers do that more than delayed medical attention. Despite your pain, they will use the delay to imply your injuries could be the result of any number of things.
Evidence Loss
Physical evidence can be lost or deteriorate over time. Surveillance footage may be long gone. Witnesses will be hard to find. And, if found, of course, it’s more likely memories will have faded. People who walk away from accidents thinking they’re fine don’t take pictures of the scene. Even if they have, the fact that they waited too long to see a doctor weakens their case.
Financial & Settlement Risks
Causation
Insurers will argue that your medical delay indicates the injury may have taken place long after the incident or under completely different circumstances. Waiting before seeking medical attention implies the injury wasn’t serious enough.
Desperation Exploitation
Insurers use a delay tactic that increases strain on policyholders. If they can’t outright deny the claim, you wait for a delay that leaves you financially and psychologically vulnerable. Over time, the insurer may lowball, offering you much-needed, immediate funds. They imagine you’ll accept the settlement fast for fast relief.
Reduced Payouts
Waiting too long to get medical advice makes it harder to evidence the full extent of losses. Without strong evidence to support the time and extent of the injury, even if an insurer offers any settlement, expect it to be significantly low.
Increased Expenses
Delays lead to mounting expenses of medical bills and other costs related to your injury, such as loss of work. Insurance companies will patiently wait you out. Meanwhile, financially, you sink into debt.
How Insurance Companies Make Money (and How That Helps Delay Your Claim)
The primary sources of revenue for insurance companies are underwriting and investments. The goal is to collect more in premiums than claim payouts and to use the profit to invest and generate interest before paying claims. They use actuarial science for risk assessment to ensure premiums always exceed their expenses, keeping the combined ratio below 100%. They cover this with risk management and reinsurance. Reinsurance is essentially insurance for insurers, covering their backs in cases of massive losses.
Most of all, when policyholders lapse or cancel early, the company keeps all collected premiums. This increases the company’s profit margins. It’s why denials and delays are prevalent in the industry. Even in the event of a delay, they’re using money you gave them to generate revenue during any negotiation. And, unfortunately, as a business, that’s their right. It’s why you have to be diligent and not give insurers a reason to put your needs on a back burner.
Types of Gaps Insurers Look At
Gaps are prolonged periods between the incident and medical treatment. Insurance companies use them to manage (reduce) settlements. There are two basic gaps.
The first type of gap takes place between the time of the incident and when you first see a doctor. If there’s a serious injury, it’s understood you should see a practitioner immediately. But even if you feel fine, you should see a doctor as soon as possible. Do a walk-in with your primary or set up an appointment. The office may try to put off the visit based on their schedule. Stress that you were in an accident and need to be seen, even if just for insurance purposes. If they insist you have to wait, document it and, if possible, see a different physician.
The other type of gap is when you let too much time pass before seeing the doctor or allowing months to pass for a follow-up. You also hurt your claim’s legitimacy if you miss consultations or don’t see recommended specialists. Insurers will use this to imply your injuries may not be as prominent and inconvenient as you argue.
Do You Have Any Legal Alternatives?
Waiting to get medical assistance will be used by insurers at every turn to delay and deny your claim. But it doesn’t leave you powerless. An accident lawyer can help mitigate any claim damage. They use their expertise to create a strong narrative that supports a valid argument that, despite gaps, you deserve compensation.
Delayed treatment will always lead to an uphill battle and potentially lower settlements. However, your lawyer will argue reasons for gaps even as the opposition argues a lack of severity.
Establishing legal causation: Lawyers work with legal and medical experts to create a strong argument to counter gaps in treatment.
Explanation and documentation for gaps: Lawyers will compile credible evidence. It may be a challenge, but they will gather medical records, expert testimony, and find available witnesses. The defense team finds reasonable data to show why you didn’t seek immediate care.
Investigation: Lawyers will look to see if the delay was the result of negligence. If a medical professional or hospital made you wait, it could be a case of medical malpractice, which could negate any timeframes mandated by the insurance company.
Insurance company negotiation: Lawyers will argue that gaps in care don’t mean the injury wasn’t serious. Insurance companies will exploit gaps, and legal teams will look for real-life factors that can cause care interruptions or delays. They can even argue that treatment gaps do not equate to gaps in injury or pain. That severity should be based on the injury, not the frequency of medical attention.
Whatever the situation, if there are gaps, insurers have a strong argument that mitigates injury. It’s why seeking medical care within 72 hours of any incident is a must. You may not find it necessary, but prompt evaluation not only protects you legally. It protects you physically because if the pain comes later, your situation becomes unnecessarily complicated.
Legitimate Reasons for Gaps in Treatment
Legally, insurance companies will argue absence of treatment equals absence of injury. An injury attorney will argue why this doesn’t apply in your case.
While getting treatment is warranted, they can argue that the pain was not great enough, and treatment may have interfered with your lifestyle. There was the possibility of lost wages or angered employers for missing hours on the job. Your job may require travel for personal or business reasons. Experiencing illness or sickness could, ironically, keep you from seeing a doctor. An unrelated procedure could prevent you from getting to the doctor. This may be an acceptable argument, as insurance companies cannot ask you to stop living because of a personal injury.
Closing Statement
If you’ve been in an accident, we strongly advise you get medical attention regardless of your physical condition. This post tells you why. Keep expiration dates and insurance company tactics in mind. And, if the time comes, speak with an injury attorney.
Whether it’s getting that police report or seeing a doctor, our personal injury firm navigates complex legal matters. We maximize compensation for damages, handling negotiations with insurance companies, and managing legal arguments. Silverthorne Attorneys provides objective, expert guidance when victims need it most. It alleviates the financial and legal pressure. Our job is to secure significantly higher settlements than individuals who, in the face of big insurance, defend claims alone. For support that allows you to focus on recovery after suffering from an accident, reach out.