If you did not seek medical treatment after a car accident but are now experiencing symptoms, we urge you to see a doctor immediately. While you can technically sue the at-fault driver for personal injury without visiting a doctor, you would only receive money for pain and suffering if there was a permanent injury, fracture, scar, or death.
Seeking medical treatment soon after a crash makes it easier for your attorney to connect your injuries to the incident. However, some medical conditions do not manifest right away, so you may still be able to get treated and prove your injuries resulted from the collision.
While waiting too long to seek treatment can reduce your settlement or award, you can also get money for vehicle damage and other losses. One of our Boston car accident lawyers can tell you whether you have a case during a free consultation.
What If You don’t Notice Your Injuries Right Away?
In the moments following an accident, your body releases adrenaline, which can mask pain and injuries. The stress you are under after a collision can also distract you. As a result, you may not feel any symptoms and assume you avoided injury.
However, certain injuries, like fractures, sprains, and internal damage, often take time to manifest. Neck, back, and head injuries may not cause pain for days or weeks after the crash. Even life-threatening internal bleeding can go unnoticed at first.
Even if you feel fine, schedule an examination with a doctor or other medical professional to be safe. Seeking prompt medical attention is important for your health and your personal injury case.
What Is the Time Limit for Seeking Medical Care After an Accident?
There is no legal time limit specifying when accident victims must seek medical attention after a collision. The only hard and fast limit is Massachusetts’ statute of limitations for tort actions, which is three years in most situations per Massachusetts General Law, Chapter 260 § 2A.
However, we recommend seeing a doctor as soon as possible after a collision. Early diagnosis and treatment of any injuries can help substantiate your claim. The records from the prompt medical evaluation will serve as evidence that the accident caused the injury.
Also, the sooner you are evaluated and begin treatment, the sooner your attorney can start building your case. Receiving an accurate diagnosis will protect both your health and your legal right to get paid.
How does Delaying Medical Care Impact Your Case?
Every case has unique circumstances, but in general, getting prompt medical care creates the strongest evidence for attributing your injuries to the accident. It also demonstrates that you sought treatment responsibly. The longer you wait to get evaluated, the more it can negatively impact your case.
Here’s why:
- Undiagnosed injuries may worsen without proper treatment.
- The lack of medical records from the time of the accident makes causation harder to prove.
- Pre-existing conditions are more difficult to rule out.
- Your injuries may heal before being documented, preventing accurate assessment.
Don’t take chances with your health or legal claim; see a doctor right away after an accident to protect your rights. One of our attorneys can provide guidance if delayed treatment becomes an issue, so don’t hesitate to contact us.
What If the Injury is Minor?
In Massachusetts, there is a tort threshold that must be met to recover pain and suffering damages in an auto accident lawsuit without seeking medical treatment.
Under Massachusetts General Law, Part III, Title II, Chapter 231§ 6D, if you have not received medical care, you can only claim pain and suffering damages if the harm results in:
- Death
- Loss of a body part
- Permanent and severe disfigurement
- Fracture or other significant diagnosed injury
- Loss of sight or hearing
General aches, pains, and minor bruises would not meet this threshold for compensation. Massachusetts law essentially requires more serious, verifiable injuries in order to seek damages without visiting a doctor after the accident.
This aims to limit frivolous lawsuits where the harm is exaggerated. One cannot simply claim whiplash, concussion, or back pain without medical records when filing a claim in Massachusetts. There must be tangible proof that the injury meets the set threshold criteria.
Is It Worth Pursuing a Claim Without Physical Injuries?
If you weren’t physically hurt in the accident, you might wonder if it is worthwhile to file a lawsuit to recover damages. In most minor cases without injuries, filing an insurance claim is preferable to suing the at-fault party.
However, a lawsuit may be justified if you suffered extensive vehicle damage or other property losses that exceeded the insurance coverage limits.
Factors to consider include:
- The extent and cost of repairing or replacing your damaged vehicle
- The value of any personal property destroyed in the accident
- Loss of transportation and other accident-related expenses
- Whether the insurance settlement offer fully repays you for your losses
- If the damages exceed small claims court limits
Our legal team can advise you on whether your damages warrant pursuing legal action.
Contact a Car Accident Lawyer Today
If you’ve been injured in Massachusetts and need a dedicated team to fight for your rights, Jason Stone Injury Lawyers is here for you. Our experienced car accident attorneys are committed to helping you obtain a fair settlement or court award.
Don’t let an insurance company take advantage of you! See a doctor, and then reach out to us for a free, no-obligation consultation. We want you to take care of yourself while we do the rest. That’s why we offer our Stone Cold Guarantee and only get paid when you do.
Contact us now to get started.
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