Getting hurt is no picnic. You may have spent hours waiting in the ER, and had to juggle doctor and therapy visits on an already busy schedule. And many times a full recovery is months or maybe years away. If you are tempted to quit your treatment before your doctor releases you, think twice. You may delay your physical recovery and you will definitely lose money in your financial recovery.
The law imposes a duty on injury victims to mitigate (lessen) their damages. This means that one needs to avail themselves of treatments to recover from their injuries. If they don’t, and are judged to be unreasonable in the process, they may be unable to recover further pain and suffering damages from the time they stop treatment.
Compare the fictional cases of Frank and Sheila. Both suffered soft-tissue back and neck injuries. Both were prescribed 6 weeks of physical therapy. Frank quits after the 3rd week, telling his therapist he had a pain level of 5 on a 10-point scale. Sheila on the other hand, completes all of her therapy visits with pain at 1 out of 10. Because of that, she will be able to claim pain and suffering for the full 6 weeks and perhaps longer.
During Frank’s trial, the defense will argue that his failure to follow-through with recommended medical care should prevent him from seeking pain and suffering damages after his decision to quit therapy.
We know getting back to good health is hard work. If you are tempted to stop your treatment, give us a call first. Our goal is not only a satisfied, but fully informed client.
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