If somebody is being treated by a physician for injuries and they do not follow the doctor’s orders, then the opposing party can argue the plaintiff’s condition would have improved if they had followed the doctor’s orders—and thus, that their condition is their own fault. Doctors do not take kindly to patients who believe they know better and do not follow their instructions. The medical term is a non-compliant patient. That could be downright damaging in a lawsuit
For those patients who do not continue treatment , the question is: why did not they follow up with medical treatment? If you have ready access to health care or health insurance, a reasonable argument can be made that you did not need any medical treatment. This jeopardizes your chance at compensation, so it is important to listen to the advice of a reliable car accident attorney: see a doctor and adhere to their medical orders.
Insurance companies place a big emphasis on injury cases, including whether the injured person received treatment, or how long they received treatment. Most medical doctors will leave it an open possibility that the individual could still have problems. If they did not see the physician or get treatment, then the doctor may be reluctant to testify that they suffered the injury. They can only give an opinion about the patient if they have examined them.
When a person (either due to changing locations or being unable to pay for medical care) does not see their health care provider for a period of time, that is called a “gap in treatment.”
At this point, there will be questions about why the treatment stopped. It may be that you had to deal with a family member who needed assistance, employment responsibilities did not allow you to, or even because COVID-19 or some disease did not allow you to get treated. But the insurance company lawyer will assuredly make the argument that any later treatment was not related to the accident and the injured motorist should not be compensated because of this gap in treatment.
Even if this is properly explained to an insurance company or a jury, it can reduce the amount of compensation an injured person receives. The problems can double up as well – an injury might prevent someone from working, which dries up their finances, and a lack of health insurance means they must sacrifice medical care in order to pay the bills.
In most areas, including our local area, there are facilities for indigent care—aimed at people who cannot afford medical treatment. Whether you seek one out, or you visit your own physician, you must follow their instructions on how to get better. The failure to do so might risk your ability to get compensated. We can help you get the necessary medical treatment as part of our representation.
Call our team and speak with a personal injury lawyer about the ways in which your actions can positively or negatively affect your claim.
