Can Missing Medical Appointments Hurt Your Kentucky Personal Injury Case?
After suffering serious injuries in Kentucky because of another party’s negligence, one of the most crucial steps to take is seeking medical attention. However, continuing with all recommended treatments and follow-up appointments is just as important. These follow-up appointments create a record of your injuries and show your commitment to getting better. Unfortunately, some personal injury victims make the mistake of skipping follow-up visits, especially when they start to feel better. While it might seem harmless to miss an appointment, especially after you start feeling better, it could hurt your personal injury case. Read on to learn more!
How Can Missing Follow-Up Appointments Affect Your Case?
Insurance companies scrutinize personal injury claims. They review medical records thoroughly to find gaps or inconsistencies in treatment. If there are repeated or large gaps between appointments or you ignore recommended care, such as physical therapy, the insurance adjuster may use this against you. The following are two arguments they may use and how they may affect your case;
- Your Injuries Are Not as Severe as You Claim
Skipping medical appointments can raise doubts about the seriousness of your injury. If you don’t show up for your follow-up care, the insurance company might argue that you must be fine. The insurance adjuster might assume that your injuries were never serious or that you recovered faster than you claim. Such arguments, if successful, can lead to reduced compensation or even a denial of your claim.
- Comparative Negligence
Kentucky is a comparative negligence state. This means that after an accident, the involved parties can share fault. This applies not only to causing the accident but also to anything you did or did not do that worsened your injuries. Under Kentucky law, you have the duty to mitigate damages, which involves taking the necessary steps to prevent your injuries from worsening. If you miss follow-up appointments, the defendant’s insurance company might argue that your condition would not have gotten that bad if you had attended the appointments. This argument could reduce your compensation. Under the state’s pure comparative fault law, you can still obtain compensation even if you are at fault for your accident or injuries. However, your percentage of fault will reduce your total recovery.
Additionally, suppose you are unable to settle your personal injury case through settlement negotiations, and your case proceeds to trial. In that case, gaps in treatment can harm your credibility and weaken your case. Jury members might be less sympathetic if it seems like you did not take your recovery seriously. Skipping appointments can make it look like you are exaggerating or fabricating the severity of your injury.
What if You Must Miss an Appointment?
Call your doctor’s office to cancel or reschedule if you cannot make it to a medical appointment due to a valid reason, such as a transportation issue. Secondly, maintain documentation that clearly explains why you missed the appointment. Lastly, inform your attorney so they can explain the gap in treatment.
However, it is vital to note that while missing an appointment or two due to unavoidable circumstances is understandable, repeatedly missing appointments without a valid reason can damage your personal injury claim.
Contact a London and Southeast Kentucky Personal Injury Attorney
If you have questions or need guidance about your case, contact our London and Southeast Kentucky personal injury attorneys at Cessna & George Law Firm at 606-770-5400 or online here to schedule a consultation.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
