It’s true, the sooner you seek medical treatment after an accident, the better.
That said, plenty of accident victims delay seeking medical treatment for many reasons. If some time has passed since your accident, you are far from alone. More importantly, you may still be able to pursue an accident claim and seek compensation for the harm you’ve suffered and may continue to face. Just be aware that while family and friends may understand your delay, the insurance company will likely not show as much mercy.
At Nicolet Law Accident & Injury Attorneys, we understand that the journey from an accident scene to a doctor’s office doesn’t always take place within the same day or even in the same week. Our attorneys fight for injury victims and push back when insurers try to twist that delay into a narrative that undermines an injury claim.
In this blog, we’ll let you know the broader picture of what your case may look like now, and why a sturdy support system can make a difference. At Nicolet Law, we’d be honored to be a part of yours. You can call 1-855-NICOLET to set up a free consultation, or reach out to us through our online contact form.
To Repeat, Skipping Medical Attention Is Not Rare
In moments of intense stress, your nervous system sends warning signals throughout your body, putting you on high alert, commonly known as the “fight-or-flight response.” Those warning signals reach the adrenal glands, which then release adrenaline into your bloodstream.
Working together, the fight-or-flight response and adrenaline sharpen your focus, dull your pain, and make any injuries seem more manageable than they are.
Even if you do acknowledge, “I’m definitely feeling that tomorrow,” the full scope of the pain you experience in the next few days or even weeks may still take you by surprise. Internal injuries in particular are known for taking weeks to fully show their symptoms.
Beyond the delayed onset of pain, there’s also no denying that the cost of medical care can be intimidating. Having decent coverage can be a comfort, but the unpredictability of out-of-pocket costs may leave you feeling uncertain. For those with minimal coverage and juggling everyday expenses, that uncertainty amplifies.
There are plenty of reasons why financial anxiety can drown out the voices of your loved ones saying, “You should get help.” It bears repeating one more time: You’re not alone if you didn’t head straight to the doctor’s office.
What Does My Accident Claim Look Like Now That I Waited For Care?
An injury claim, at its core, aims to connect four elements:
Someone’s negligence: Someone failed to act with reasonable care
Your injury: You suffered physical harm.
Damages: You experienced loss due to that harm—anything from medical bills and property damages, to pain and suffering.
Causation: The evidence involved must directly link these elements together. There is a throughline connecting someone’s negligence to your injury and the resulting damage.
Even if your story feels clear and compelling, do not underestimate the insurance adjusters. They will be working to try to separate these elements from each other and question the validity of your statements.
Here are three tips for building a strong claim and pushing back against the skepticism of insurance adjusters.
1. Keep records of your medical care and treatment
This can include everything from:
- Doctor’s notes
- Medication receipts
- Proof of living space accommodations (wheelchair ramps, shower bars)
Staying up-to-date helps support the story you aim to tell, which is especially important given the gap in your claim’s timeline.
2. Communicate with your doctor and follow their advice
One of the easiest ways to damage your claim is to misrepresent your symptoms or alter your treatment plan without your doctor’s authorization. The insurance company will be tracking the timeline of your injury and whether your actions played an adverse role in your recovery. Even if you believe you know how to modify your treatment in a non-obstructive way, do not do anything until you run it by your doctor. Your doctor can help provide insight on the cause and development of your injury.
3. Reach out to a lawyer
Your injury is likely putting you in a tough spot—physically, financially, and emotionally. Many know that injury recovery can be expensive, but it can be truly overwhelming how quickly costs get out of control. Being financially literate and budget savvy is a great step forward, but having a strong support system can be vital. An experienced personal injury attorney can make a significant difference in times of need. Putting together a strong injury claim takes time and effort, and you shouldn’t be expected to handle that yourself all while navigating post-accident life. A qualified, experienced personal injury attorney can gather evidence and present a strong case for causation and compensation.
You’ll be going up against insurance adjusters who make a living challenging claims. It can be beneficial to have someone on your side who makes a living pushing back against those same adjusters.
How The Insurance Company May Twist The Narrative
When you submit a claim, you’re requesting help under the policy that you pay for, but you’re also asking for the insurance company to dig into their bottom line.
If there was no immediate professional medical care, it can give insurance adjusters the opportunity to question the severity of your injury and whether you are being honest about your symptoms at all.
They may also question the cause of your injury. Is it truly linked to someone else’s negligence, or could it be attributed to someone or something else?
This is why it is so important to be proactive about documenting the full scope of your injury. An experienced personal injury attorney can help you in this effort.
Let’s Address It–Why People Don’t Get Lawyers
Even if your loved ones are pushing you to seek representation, chances are that someone in your circle—or even your own inner voice—is advising you against it. At Nicolet Law, we understand the impulse, but we want to help clear the air.
1. “I can’t afford a lawyer”
A lot of people don’t realize that personal injury lawyers often offer free consultations and work on a contingency fee basis. A free consultation gives you a low-pressure opportunity to meet with a personal injury lawyer to discuss the specifics of your case. There are no obligations to proceed with that lawyer.
If that firm is a good fit for you and your case, the contingency fee arrangement means that you only pay your attorney if they successfully recover compensation for you. You don’t have to worry about upfront fees.
2. “I can handle this on my own”
We urge caution to those who are tempted to self-represent. Even if it feels like a victory, an initial insurance offer can be deceptive. The offer may soothe short-term financial anxiety, but it is far too easy for injury victims to underestimate the full cost of their injury. You do not want to end up in a situation where your settlement money runs out, but the cost of your injury shows no signs of stopping.
Once you put a signature on the settlement offer, you agree to all the terms therein, and you’re denied the opportunity to seek more compensation in the future. A qualified personal injury attorney can read through the terms of a settlement agreement and explain the full ramifications.
You May Delay Medical Treatment—But Claims Do Have Deadlines
There does come a point when a claim needs to be filed, or else the injured victim can lose the opportunity to pursue justice at all. A statute of limitations serves as a definitive deadline for legal claims. Missing the statute of limitations deadline means you could lose your right to file a claim altogether, making it essential to act before the time runs out. Even though the deadlines may seem far off, it’s always best to start the process sooner rather than later to ensure your evidence and case are fully prepared. Below are the statutes of limitations for personal injury claims in Minnesota, North Dakota, Iowa, and Wisconsin.
Minnesota: You have 6 years to file a claim from the date of your injury
North Dakota: You have 6 years to file a claim from the date of your injury
Iowa: You have 2 years to file a claim from the date of your injury
Wisconsin: You have 3 years to file a claim from the date of your injury
Do not be deceived by the generous timelines. While we encourage accident victims to seek medical help as soon as possible, we especially urge accident victims to file a claim far before those deadlines loom. Evidence doesn’t tend to wait around.
Time Has Passed Since Your Injury, But You Can Still Seek Help
Being injured, whether in a car accident or otherwise, is overwhelming. If you delayed medical treatment, you may still be able to file a claim. While the insurance company might scrutinize that delay, an experienced personal injury attorney can help you fight for the compensation you need.
Reach Out To A Personal Injury Lawyer Today!
While we always encourage injury victims to seek medical attention as soon as possible, we understand that life gets in the way.
At Nicolet Law, we strive to help injury victims move on and secure compensation that reflects the damages they have endured and the needs that they want to be met.
Reach out to us at 1-855-NICOLET or through our contact form to set up a free consultation.
Russell Nicolet, Firm President & Personal Injury Attorney