After being involved in an automobile collision, many accident victims fail to get prompt medical care, often because they believe their injuries are not severe enough to warrant a doctor’s visit. However, choosing to forego a medical evaluation can have significant implications when pursuing a claim for damages. While delaying treatment may impact your ability to recover maximum compensation, you may still have legal recourse under Arizona law.
The Importance of Timely Medical Care
Seeking medical attention immediately after a car crash serves several critical purposes:
- Diagnosing injuries: A thorough exam can identify injuries that may not be apparent right away due to shock and adrenaline. Some serious conditions, like traumatic brain injuries and internal bleeding, may not present symptoms until hours or days later.
- Establishing a record: Medical documentation creates a clear link between the accident and your injuries. Without a paper trail, insurers may argue your injuries are unrelated to the collision.
- Mitigating damages: Promptly treating injuries can prevent them from worsening over time. Failure to obtain timely care could be considered a failure to mitigate damages, potentially reducing your compensation.
Pursuing a Claim Without Immediate Medical Care
If you did not get medical attention right after an accident, you may still be able to recover damages, but you will likely face additional challenges. To improve your chances of a successful claim, take the following steps:
- Get evaluated as soon as possible: Even if some time has passed, get a complete medical assessment to diagnose any injuries and begin treatment. Be sure to fully disclose any symptoms you have experienced since the accident.
- Gather evidence: Collect police reports, witness statements, photos of the damage and accident scene, and any other evidence to help establish the facts surrounding the collision.
- Consult an attorney: Our experienced car accident lawyer at Altman Nussbaum Shunnarah can assess the strength of your case and advise you on the best path forward. They can also handle communications with insurers and help you avoid any missteps that could harm your claim.
Arizona Statute of Limitations
In Arizona, the statute of limitations for lawsuits involving car accidents is two years from the accident date. However, there are some exceptions that can shorten this window:
- Claims against government entities: If the at-fault driver was a government employee or agency, you must file an administrative claim within one year.
- Wrongful death: If a loved one dies in an accident, the statute of limitations for a wrongful death suit is two years from the date of death.
While you may still be able to pursue a case if you miss these deadlines, doing so becomes much more difficult, so it is best to act promptly.
Seek Legal Advice from a Qualified Personal Injury Attorney
Although seeking immediate medical care after a car accident is always advisable, failing to do so does not automatically bar you from obtaining compensation for your injuries. However, delaying treatment can introduce some additional legal hurdles. If you have been injured in an auto collision, contact Swenson & Shelley today to discuss your legal options.
Kevin Swenson is an award-winning Utah injury attorney and co-founding partner of Swenson & Shelley. With over 30 years of experience, he uses his background as a former insurance defense lawyer to fight for injured individuals, helping clients recover and rebuild after serious accidents.
(435) 767-7777
