Some accident victims refuse medical treatment after an accident. This could be because they feel okay or because they dislike hospitals. Others may refuse treatment because of religious beliefs. However, such a decision could come back to affect their personal injury claim. We’ll look at some of the ways this can happen and what to do.
Regardless of whether you refused treatment or were recently in an accident, you need a personal injury lawyer to represent you. There are numerous reasons why this is the best course of action, including counting on an experienced professional to help you navigate a testing time.
A personal injury lawyer also knows what evidence you need, how to get it, and usually has an extensive network that could provide expert testimony. The best part is that personal injury lawyers typically only charge clients after securing a favorable ruling for them.
Insurance companies don’t just write you a check as soon as you present them with your personal injury claim. They’ll spend time going through it first to ensure that they are not being defrauded. Then they check to see if there are loopholes that could help them deny or devalue your claim.
One of the easiest ways to do this is by pointing out that you did not take all the steps to ensure that your damages were limited, and refusing treatment falls into that category. According to American law, patients have the right to make decisions about their health. This includes the right to refuse treatment. While you have the right to refuse treatment, it means your personal injury claim can be denied.
How Refusing Medical Treatment Can Affect Your Personal Injury Claim
At this point, it should be clear that refusing to be treated can affect your personal injury claim. We’ll now look at how it affects it.
Makes It Easy to Deny Injury Claims
Insurance companies can interpret a refusal to get medical treatment after an accident to mean that there was no serious damage. This makes it easy for them to push for a reduction in your damages. However, injuries may not always be visible, while some only appear after a long time. Therefore, refusing treatment only damages your case.
It Makes It Difficult to Value Your Damages
Accepting medical care is an integral part of the claims process, as medical costs often make up a significant amount of personal injury payouts. When a medical practitioner examines you, you’ll be able to adequately assess the extent of your injuries and how much it will cost to get treated.
Having this information helps your lawyers give a more accurate cost when filing a lawsuit. Without it, you’ll be left guessing how much your medical costs are. In addition to showing how much your medical bills cost, it is how you prove your injuries. The defendant can argue that you had pre-existing injuries or push for lower damages if you cannot present records of your medical treatment.
Negatively Affects Comparative Negligence Claims
Georgia uses the comparative negligence principle. This means that damages are awarded in proportion to an individual’s contribution to the accident. The law expects individuals to take measures to reduce their damages. Therefore, if you refuse medical treatment, the defendant could ask the judge to apply the modified comparative negligence principle to your case, reducing the amount you can receive in damages.
What if I Have Already Refused Medical Treatment?
If you’ve refused to see a medical doctor after an accident, you need to do that as soon as possible. In addition, get in touch with a personal injury lawyer immediately. You’ll learn what the best course of action is.
Hire Atlanta’s Best Personal Injury Lawyers
We always recommend getting medical treatment after being in an accident. It not only ensures that there is little room for your personal injury claim to be devalued but also helps you discover conditions that were not immediately visible.
However, even if you have refused treatment after an accident, we encourage you to reach out to us. We’ll be able to give you advice on what to do after listening to you. Our decades of experience representing personal injury plaintiffs mean that we can draw from previous experience when representing you.
In addition, we don’t just see you as a means to make more money but as a human who has been hurt. Therefore, we treat you accordingly. Send us a message today at The Weinstein Firm to schedule a free consultation.