Thursday, June 11, 2015

6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 2: Don't Wait to See A Doctor

     When you are involved in a personal injury claim or lawsuit, you will be judged by the "reasonable person" standard. This standard can be very hard to meet, because it is often subjective (based upon who is applying the standard to you) and because most people believe they always behave as reasonable people do. However, one of the easiest ways to "act like a reasonable person" when you are injured is to seek medical treatment and seek it without delay.





     Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.

     Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.

     It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.

     If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.



*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.