When dealing with personal injury cases, one aspect the defense loves to target is gaps in treatment. Understanding how to manage these gaps is crucial for both clients and attorneys involved in personal injury cases.
The Importance of Timely Treatment
Whether or not you feel injured after a collision, it is essential to seek medical attention as soon as possible. Even a simple check-up can be significant if you decide to pursue a personal injury case later. The defense in such cases often argues that a delay in seeking treatment indicates the person was not truly injured. Therefore, it’s important to continue attending medical appointments as long as you feel symptoms or benefit from the treatment. Missing or canceling appointments, or discontinuing treatment without good reason, can be detrimental to your case.
Addressing Gaps As an Attorney
So, what should an attorney do when faced with a case that has a gap in treatment? I once handled a case involving a significant gap—three years, three months, and six days—between the incident and the initial diagnosis of a concussion and traumatic brain injury. In these situations, testimony from friends and family can be invaluable to bridge the gap, illustrating the client’s experiences and personality traits that may explain their treatment delay.
Sometimes, input from treating doctors can also help. They might testify that continued treatment would not have provided additional benefit, especially if the client was experiencing treatment fatigue, a common scenario when patients don’t see improvement and consequently, choose not to return.
Don’t Reject Cases with Gaps
As an attorney, encountering a case with treatment gaps should not automatically lead to declining it. Instead, look for ways to creatively and comprehensively document the client’s struggles and reasons for the delay in treatment.
In conclusion, while gaps in treatment can be a point of contention in personal injury cases, they are not insurmountable. By carefully leveraging testimony and medical opinions, it is possible to put together a compelling case that still accurately reflects the challenges faced by the client.