Why Early Medical Treatment is Crucial Under Georgia Law

After a car accident or serious fall, your first instinct is to check if you are injured. If you do not feel any immediate severe pain or see any blood, it is natural to breathe a sigh of relief and assume you are in the clear. This is when many people deny medical care and plan on sleeping off whatever minor pain they are experiencing.

However, the fact is how you feel immediately after an accident is not necessarily a true reflection of whether you are injured. The body is very good at protecting itself, and it uses adrenaline to shield pain and help you get out of danger. But once the adrenaline starts to wear off, the true effects of an accident start to show up. This is why it is so important to get checked out as soon as possible after a fall, dog bite, car crash, or other type of accident. Doing so gives you a chance to catch any injuries promptly.

Wondering how to support your personal injury claim and get what you deserve? Let’s talk. Call Harris Lowry Manton now.

How insurance companies use gaps in treatment against you

Any time you make a decision regarding your accident,insurance companies are always looking for ways to decrease what they pay you—no matter how obvious it is that their client is at fault. That is why it is important to loop in a personal injury lawyer early. They know exactly how insurance adjusters work and how to build a case that gives you a shot at fair compensation—even with an insurance adjuster’s interference.

There are several ways insurance adjusters may use gaps in medical treatment to harm your case. First, they may claim that your injuries cannot be that serious if you did not seek care right away. This is obviously an unfair assessment, since thousands of victims go home feeling fine only to wake up with serious pain and mobility loss hours or days later. Second, they may say that your pain is unrelated to the accident. It is easy to make this claim when a long period of time passes between an accident and medical care. Insurance adjusters may point out that anything could have happened during that time period, so why should they be held liable?

Next, they may insinuate that you only sought medical care because you want an insurance payout. Some of the bolder insurance adjusters will come right out and say this. They think you are looking for a quick payout on their company’s dime. Finally, an insurance adjuster may say that the delay in treatment indicates that your injury was so minor that it does not warrant compensation.

Insurance companies will take any of these claims and run with them, using them to offer a lowball settlement offer that is unlikely to cover even your most basic expenses.

Georgia law and the importance of prompt medical care

Georgia law does not say anything about how quickly you have to receive medical care after an accident. However, your treatment timeline can affect how much compensation you receive—or if you receive it at all.

Georgia is a modified comparative negligence state. This means that if you are partially at fault for your injuries, your compensation can be decreased proportionate to your share of fault. Insurance companies may point to a delay in care and claim that the delay itself caused part of your injuries. They may argue that a portion of your injury was worsened by your delay in care, reducing the amount they are responsible for under Georgia’s comparative fault rules. It is your and your personal injury lawyer’s responsibility to prove the other party’s liability and your losses.

Prompt medical treatment: necessary for your recovery and your case

Prompt medical care is beneficial for both your physical health and your personal injury claim. Many serious injuries may depend on immediate treatment for a good prognosis; for example, waiting too long to seek treatment for a traumatic brain injury may lead to a worse outcome. Being proactive and cautious about your health after an accident puts you in the best possible position for a full recovery and a fair settlement.

What to do if you didn’t seek care right away

Maybe you are reading this because you did not seek care right away, and now you are worried that your delay in care has devastated your personal injury claim. You still have options, but you must act now, talk to a personal injury attorney, and get checked out by a doctor. Explain your accident, when it happened, and the timeline of your symptoms. Your doctor may be able to show that your injuries are consistent with the accident you experienced, making it easier for you to prove causation.

Bringing in a personal injury attorney is crucial, even if you think you may have waited too long. An experienced personal injury lawyer goes beyond your medical expenses and treatment timeline. They use a wide range of evidence types to prove your case and fight for fair compensation on your behalf. You will not truly know if you have a case or not until you talk to a lawyer.

As you explore your options, make sure you attend all of your appointments and follow your doctor’s treatment recommendations. Adherence to treatment recommendations shows that you take your injury seriously and are committed to recovering.

Worried about your personal injury case after a delay in care? Let’s talk

If you worry that you did not see a doctor fast enough after your injury, we can help. During your consultation, we’ll learn more about your accident, injuries, and communication with the other party’s insurance company. Give us a call or fill out our online contact form to talk to our team now.