Managing Partner
If you’re in an accident and have to go to the emergency room, your injuries could be worse than doctors or nurses in the ER tell you. For some Long Island victims, this is cause for concern. The victim may worry they cannot recover full compensation for their losses.
However, worsened injuries following an ER visit will not necessarily deprive you of fair compensation. How you handle the matter will make a difference, and an experienced attorney can advise you. The personal injury lawyers of Dell & Dean, PLLC take a closer look.
Delayed Diagnoses Are Common After ER Visits
One thing that’s important to understand about the emergency room is its purpose. The main objective of ER doctors and nurses is to stabilize an injury victim and rule out any life-threatening conditions. They do not exactly function as primary care physicians do.
In other words, it’s entirely possible (and common) for certain injuries to become apparent only after swelling decreases, time passes, and more symptoms show up. Delayed diagnoses are common, with examples including traumatic brain injury and internal injuries.
But just because your injuries are worse or new conditions are diagnosed later does not automatically disqualify you from accident compensation in a Long Island accident case. One thing that will make a difference is what you do after the ER visit.
How To Protect Your Right To Compensation
Remember, the ER may not have the final word of your actual condition. But for both your health and your legal rights, you will need to follow up with your primary care physician. Be sure you report any new symptoms to your doctor and keep all scheduled medical appointments.
Obtaining continuous care for your injury, especially if it worsens, will make it harder for the at-fault party to deflect blame from their actions. Conversely, victims who neglect their own care and experience worsening symptoms may find their compensation jeopardized.
What the Insurance Company May Argue
Personal injury claims are based on the injuries that actually result from an accident, not on the ER’s initial diagnosis. If your injuries get worse, you should still be able to seek compensation. However, you should expect pushback from the at-fault party’s insurance company.
Insurance companies often look for discrepancies and changes in what the victim tells them. So if your injuries do turn out to be worse, which is perfectly understandable, this may give the insurer an excuse to try to deny coverage. The insurer could claim:
- The worsening injury is actually a separate injury: The insurer might argue that this “separate” injury is entirely unrelated to the accident their insured caused.
- The injury existed before the accident: More generally, the insurance company may say the victim’s injury (including worsening symptoms) was pre-existing, and refuse coverage.
- The victim unreasonably delayed treatment: The argument here is that the victim’s failure to seek medical attention is what made the injury worse, so the insurer shouldn’t be responsible.
How An Attorney Can Help You
If you receive pushback from the insurance company after claiming worsened injuries, a dedicated Long Island personal injury attorney can help. A key goal is to establish a causal link between the accident and your injuries. There are several ways this can be done:
- Document each stage of your treatment, including with medical records
- Keep and later produce personal notes regarding your symptoms, limitations, pain, and other effects of your injuries (especially as they worsen)
- Have your lawyer consult expert witnesses who can explain how the accident caused your injuries and worsening injuries
- Demonstrate the seriousness with which you took the injury by showing exactly what you did after the ER visit
- Track all the work you miss due to your injuries, along with other impacts on your daily life
Your lawyer can also handle all negotiations with the insurer. This is an important step because if you settle your case too early, and your injuries worsen, you may not get to ask for more compensation later. Never accept an insurance settlement offer without talking to a lawyer first.
Early Legal Action Can Maximize Your Claim Value
One of the most important decisions you make is which firm will represent you after an accident. Find out why Long Island accident victims trust Dell & Dean, PLLC. By speaking with us early, you may increase the chances of a higher settlement or verdict in your case.
If you or a loved one were injured due to someone else’s negligent or irresponsible conduct, it’s time to explore all of your legal options. Schedule your initial consultation with us today.
