Didn’t Go to the Doctor After a Car Accident

After a car accident, you might walk away feeling great. The crash might have seemed minor enough that you just get your car fixed and go on with your life. But what happens if you realize a few weeks later that you might have actually been hurt in that accident?

There are many reasons why a person might not go to the doctor right after a car accident, including the common scenario of not realizing that they’re hurt until some time has passed. Going to the doctor is important because it establishes a link between the accident and your injuries. If you haven’t gone to the doctor, our Long Island car accident attorneys will work with you to develop a game plan and file a claim for your injuries.

At The Odierno Law Firm Accident and Injury Lawyers, we are fierce advocates for clients in Nassau, Suffolk, and Queens Counties who have been hurt in all types of accidents. We offer aggressive, strategic legal representation that is designed to get our clients the compensation that they deserve for their losses. To learn more or to schedule a free initial consultation with a Long Island personal injury lawyer, reach out to our law offices today.

Why Is It Important to Go to a Doctor After a Car Accident?

Most people are lucky enough to have minimal experience with motor vehicle accidents. That is why it isn’t surprising that the average person doesn’t know exactly what to do after a crash. If you are able to walk away from the accident, it might not occur to you that you even need to do things like get medical care.

Seeing a doctor might not be high on your priority list after a car accident. You might be worrying about your kids, trying to get to work on time, or figuring out how you will get your car fixed. But going to the doctor after a car accident is incredibly important for a few simple reasons.

First, as a practical matter, a doctor is qualified to evaluate you and diagnose any injuries that you may have. They can order tests and perform a full physical examination. This process is necessary to determine if you have suffered any injuries. It is also a lot more thorough than simply thinking to yourself that you think you’re OK…without any follow-up with a doctor or other healthcare professional.

Getting assessed is the best way to get the right diagnosis and a treatment plan. It can also give you peace of mind in knowing that you’ve been checked out and everything is OK. Even if you don’t think that you were hurt, it is always a good idea to go to the doctor to make absolutely sure that you don’t have anything that might not be immediately obvious to you.

Second, going to the doctor will help to support your case should you ultimately file a lawsuit against the at-fault driver. When you seek medical care directly after an accident, it establishes a link between the crash and your injuries. For example, if you are in a rear-end accident, going to the doctor right away can show that your sore neck started after the crash – and that it wasn’t caused by something else entirely.

Your doctor will also be able to document your injuries directly after the accident and with each follow-up visit. They will record your symptoms, such as trouble sleeping or a burning sensation down your arm. All of this will be incredibly useful in the event that you file a lawsuit.

The bottom line is that going to the doctor is a great way to not only take care of yourself but to build evidence for your case. You should also follow any treatment plan that your doctor establishes, whether that means seeing a specialist, going to physical therapy, or taking medications. This will also help your case, as it will be much harder for the insurance company to argue that your injuries are so severe because you didn’t seek help or follow the treatment plan.

If you do ultimately file a lawsuit, then your Long Island car accident attorney will use your medical records as the cornerstone of your case. Car accident cases are usually brought on a theory of negligence or carelessness. This requires proving 4 things:

1. Duty: the at-fault driver owed you a duty of care;
2. Breach: the at-fault driver violated that duty;
3. Causation: this violation caused your injuries; and
4. Damages: you suffered injuries as a result.

Your medical records will be a key piece of evidence when it comes to proving the fourth item, damages. Without contemporaneous medical treatment, it will be much harder to prove that you suffered losses because of the accident. That is why our seasoned personal injury lawyers always recommend that you get checked out by a doctor after a car accident, even if you don’t think that you were seriously injured.

Can You Still File a Lawsuit If You Didn’t Go to the Doctor?

There are a lot of reasons why a person might not go to the doctor after an accident. One common scenario is that you simply don’t think that you were hurt. This happens a lot with conditions like whiplash, where the symptoms don’t appear for days after the accident. You might think that you are perfectly fine, but then start experiencing pain days or weeks later.

Another reason that some people don’t go to the doctor after an accident is that they are simply not capable at the moment. Car accidents can be incredibly traumatic. Many people suffer from depression, anxiety, and other issues after a car accident. If you are overwhelmed and experiencing a lot of mental anguish, you might not have it in you to get to the doctor’s office.

Some people might not seek medical care for other reasons, like lack of access to medical care, lack of health insurance, or an inability to get to the doctor’s office. They might not be aware that their own car insurance will cover their initial medical bills through no-fault coverage. They might also not be aware that there may be options for getting to the doctor even if they don’t have transportation or other help.

Not going to the doctor after a car accident can affect your case. Under New York law, you must file a no-fault insurance claim within 30 days of the accident. This form requires you to identify injured parties (including yourself) – which you won’t be able to do if you don’t know that you are injured because you haven’t seen a physician. If you don’t file a claim within that time, then you have to provide written proof that provides a “clear and reasonable justification” for late filing. Our team can help you file that written proof for you.

There is also a 3-year statute of limitations for personal injury claims in New York. This essentially gives you 3 years from the date of the accident to file a lawsuit. If you haven’t done so already, you should receive medical care before you file a lawsuit. 

It can be harder to prove that your injuries were caused by the accident if you never saw a doctor. The insurance company will almost certainly exploit this fact, arguing that your injuries were caused by something else or that they weren’t that serious if you didn’t need medical care. 

Our Long Island car accident lawyers will help you seek medical treatment.  We will also help you fight back against the insurance company’s argument that your injuries weren’t caused by the accident. While these cases can be more challenging, it is still possible to prove that your injuries are linked to the crash – even if you didn’t see a doctor immediately.

How Our Law Firm Can Help

There is no one right way to react when you go through a traumatic event. When it comes to car accidents, however, it is always a good idea to seek medical treatment after a crash. You should also talk to a lawyer so that you can start to build a claim for compensation. Our law firm will stand by your side throughout the process and help you get maximum compensation for your injuries.

Based in Melville, New York, The Odierno Law Firm Accident and Injury Lawyers represents accident victims in Nassau County, Suffolk County, and Queens County. We handle all cases on a contingency fee basis, which means that we never charge a fee unless we recover money for you. Our team will fight to help you get maximum compensation for your injuries. To learn more or to schedule a free initial consultation with a Long Island car accident attorney, call our law offices today at 631-973-6221 or fill out our online contact form.