"Wait and See" Is Never Appropriate
No one expects to slip and suffer a serious injury in their daily routine. Unfortunately, millions of falls occur every year due to flooring material, uneven surfaces, uncleaned floors, and other avoidable hazards. Sadly, many people don't recognize the importance of immediate medical documentation for slip and fall injury claims.
In fact, this issue is so prevalent that many people won't even seek medical treatment after a fall. They take a "wait and see" attitude, and sadly, this approach frequently results in devastating economic consequences. Statistics show that slip and fall injuries caused by negligence are common in America, but a simple mistake can make a bad situation even worse.
Fortunately, understanding the importance of immediate treatment and documentation can help you avoid such situations.
Establishment of a Clear Causal Link
In personal injury law, there are specific elements of liability that must be established. If an injury victim is unable to do this, there's a good chance they won't get the compensation they deserve. Establishing a clear causal link between the injuries suffered and the fall incident is one of these important elements. Courts want to know specifically where your injuries came from.
Imagine that a slip and fall victim waits a week to visit their doctor. When a court looks at this person's case, how are they supposed to know that the injury didn't occur at some other point during the week? Insurance adjusters will use this potential uncertainty to convince you that you're entitled to less. If litigation occurs, they'll argue there's no way to prove what happened.
Put simply, seeking immediate medical attention is critical for proving your case.
Accurate Assessment of Injury Severity
Did you know that there are a variety of injuries that might not show immediate symptoms? This can include head trauma and soft tissue damage. If you fail to seek medical care because you don't believe your injuries were serious, you may discover later that you were hurt more severely than you assumed. This again raises the question of causal links.
If someone starts getting headaches a week after their injury and decides to visit the doctor, they may be certain that newly discovered trauma is directly linked to their fall accident. However, a court might not be as certain — particularly if insurers argue that the injury could've occurred elsewhere. You need an immediate, accurate assessment of your injuries.
Strengthening Legal Claims
The importance of immediate medical documentation for slip and fall injuries stems far beyond establishing a causal link. Quick treatment will also strengthen your case. Slip and fall claims must be supported by evidence, and medical documentation is the most important proof you can provide. Medical records show injury severity, treatments, recovery time, and more.
Detailed records will also serve to justify your claims for medical losses and potential future healthcare costs. These records can also be used as evidence for non-economic damages — such as pain and suffering. Additionally, evidence showing the severity of your injury may be sufficient to support claims of lost wages when you're unable to go to work.
Insurance and Legal Compliance
There are a variety of filing deadlines when it comes to personal injury claims. Most people have heard of the statute of limitations — which dictates how long you have to file a claim — but there are also other deadlines to consider. For instance, insurance policies may require prompt reporting of injuries for a compensation claim to be processed.
You'll also find that some jurisdictions have deadlines that expire sooner than the typical statute of limitations. For instance, claims against healthcare facilities (e.g., nursing homes) and government agencies may have short deadlines. Seeking prompt medical care ensures that you can meet any statutory deadlines and compliance rules.
Prevent the Delay in Treatment Defense
When insurers and defendants want to avoid taking responsibility, they often try to claim that an injury victim suffered harm from an unrelated incident. However, such arguments aren't always effective – so they frequently also attempt the "delay in treatment" defense. This is a claim that harm was suffered due to a delay in seeking treatment rather than the defendant's negligence.
By seeking prompt medical care and establishing an evidentiary document trail, it becomes much more difficult for this defense to work. After all, any injuries readily apparent immediately after an accident could not be blamed on a delay in treatment. Put simply, any harm present will likely be assumed to stem directly from the slip and fall incident.
Preemptively blocking this argument will reduce the availability of potential defense strategies.
Critical for Settlement Negotiations
Many don't realize it, but most slip and fall claims are not resolved at trial. The overwhelming majority of these cases end when the injury victim accepts a settlement offer from insurers. However, insurers will try to pay out as little as possible – and if you don't realize the importance of immediate medical documentation for slip and fall cases, they may take advantage of you.
Insurers are not going to pay out fair settlements if they don't believe you can prove your case in court. Unfortunately, even having the evidence to prove your claim doesn't mean they'll make an appropriate offer. Put simply, they want to save as much money as possible – and this means they'll jump at the opportunity to block compensation from a victim who deserves it.
This is why working with a personal injury attorney is advisable. At Gauthier & Maier Law Firm, P.C., we won't stop fighting to secure maximum compensation on your behalf. Contact us at (505) 226-3205 to schedule your free consultation.