Immediately following an accident, an individual is in shock and perhaps does not realize the extent of their injuries. If the person is hurt, they should seek treatment. If the person is not hurt, they should not get treatment. Refusing medical attention after a Toledo car accident will not ruin a person’s case. However, most attorneys would prefer that the person is taken by ambulance to the emergency room. If you have been injured in an accident, seek medical attention, and then contact a skilled car accident lawyer who can start building your case.
It is important to be specific about the injuries. When someone’s whole back hurts, they need to indicate to the doctor that their whole back hurts. If they neglect to do so, the other party can use the fact that they did not seek immediate medical treatment against them. Second, the person needs to make sure that when they see the doctor in the emergency room, they must point out every area that hurts.
When the person does not seek immediate medical treatment until three weeks later, it might be difficult to convince people that the injuries were caused by the car accident. The person must be specific in identifying their injuries as soon as possible so that there are no questions as to whether they were caused by the accident. In refusing medical attention after a Toledo car accident, a person makes it more difficult to collect evidence and establish liability because it is harder to prove the connection between any injuries they have sustained and the accident.
Under Ohio law, the person has a duty to mitigate their damages. When the person is hurt and does not follow the doctor’s orders, an argument can be made that the real proximate cause of the person’s injuries is that the person did not follow the doctor’s orders. The other side is not responsible for the not trying to mitigate their damages.
At the same time, when there is a big gap in treatment, the burden is shifted to the person to explain the gap in treatment. Sometimes clients argue they were in too much pain to seek medical treatment or they were too busy to seek medical treatment. Those arguments make no sense and can have a negative impact on the person’s credibility. There are no excuses for not seeking treatment. The reasonable person standard is the way to go.
Refusing medical attention after a Toledo car accident is not advised, even if the injury does not seem too severe. You do not have to contact a lawyer right away. The best time to contact an attorney is after you have come back from the emergency room after the accident. Especially if you have realized that you will have ongoing medical issues as a result of this injury. If you go to the emergency room and find that you can, and will make a full recovery, there is no need to contact a lawyer. However, you still have the option of contacting an attorney and getting legal advice.
When there are broken bones, a concussion, or if you need a follow-up treatment with your doctor and physical therapy, or if you must stay overnight in the hospital, you should get in touch with an attorney. Often, you are better off contacting a lawyer to identify your legal rights. When the attorney believes the case is too small and that you do not need an attorney, they will tell you right away. Should the health problems get worse, you can always call the attorney back. Speak with a Toledo personal injury lawyer and know that you are in good hands.
Charles E. Boyk Law Offices, LLC