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Will a Gap in Medical Treatment Affect My Personal Injury Claim in Wisconsin?

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Will a Gap in Medical Tre…

Many personal injuries require intensive, long-term medical care. It can be difficult for victims to keep up with their appointments and medications. However, it is important to seek prompt medical care and continue any prescribed treatment after suffering a personal injury.

A gap in medical treatment can hurt your personal injury claim’s chances of success. Proper documentation of your injuries is very important to your effort to recover monetary damages in a personal injury lawsuit. Furthermore, defendants and their lawyers may use a gap in medical treatment to argue that your injuries were not caused by the accident at issue.

If you suffered a personal injury in Wisconsin, get help receiving the appropriate medical care. Contact our experienced Milwaukee personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.

How a Gap in Medical Treatment Can Hurt Your Personal Injury Claim in Wisconsin

Personal injury victims should seek medical care as soon as possible after their accidents. A gap in medical treatment can hurt their personal injury claims in the following ways:

Failure to Obtain Proper Documentation

Proper documentation of your injuries is critical for your personal injury case to succeed. You should seek a medical assessment from a physician, so they may formally record your injuries, and relate those injuries to the accident. Our Wisconsin car accident injury lawyers can help refer the right doctor in your case.

Some victims may leave injuries to heal on their own. By hoping an injury heals on its own, you not only face medical risks but you may also be unable to properly document your injury when you seek to recover money for your accident. Accordingly, victims should seek medical care as soon as possible after suffering a personal injury and make sure to share with medical providers how the injuries occurred.

Defendants Dismiss the Severity of Your Injuries

Also, insurance companies may use a gap in treatment to dismiss the severity of your injuries. For example, if you did not immediately seek medical help or continue seeking treatment for your injury, a defense lawyer may assert that your physical pain must have been serious. Therefore, after suffering a personal injury, you should seek immediate medical care and ensure that you continue with any prescribed treatment.

Defendants Argue Your Injury Was Not Caused by the Accident at Issue

Furthermore, issuance adjusters or the defendant’s lawyers may also use a gap in treatment to argue that your personal injury was not caused by the accident at issue. For example, suppose you did not quickly seek medical treatment for a fractured bone caused by a car accident. In that case, an insurer or defendant’s attorney may assert that you must have suffered some subsequent accident that caused the injury.

Plaintiffs in personal injury lawsuits must establish that the defendant's negligent actions caused their injuries. Our Indiana personal injury lawyers can provide support if a defendant’s lawyer argues that your injuries were not caused by the accident at issue.

What Constitutes a Gap in Medical Treatment in My Wisconsin Personal Injury Claim?

A gap in medical treatment refers to any period in which you did not receive treatment for your personal injuries but should have. Defense lawyers often use a gap in medical treatment to reduce the value of plaintiffs’ claims. When attorneys refer to a gap in treatment, they are usually referring to one of the following:

  • The period of time between your injury and your first visit to the doctor
  • The period of time between medical appointments pertaining to your injuries, especially where a doctor’s recommendation is not followed

If you did not seek immediate medical treatment after an accident that caused a personal injury, the defendant’s lawyer can argue that your injuries were not as severe as you claim. Furthermore, if you begin skipping medical appointments related to your personal injury, the defendant’s insurance company will argue that you are no longer hurt.

Accordingly, you should try to avoid both types of gaps in medical treatment. You should not wait to seek a medical assessment after your injury. Furthermore, you should attend all of your medical appointments and continue taking any prescribed medications. Our Indianapolis personal injury lawyers will help ensure that you stay up-to-date with medical treatment while pursuing a claim.

Are There Acceptable Reasons for a Gap in Medical Treatment?

There are acceptable reasons for a gap in medical treatment. Some personal injury victims experience an illness or sickness that prevents them from attending medical appointments. For example, you may be so sick that your surgeon recommends postponing your operation as a safety precaution. Alternatively, you may have contracted an illness that prevented you from participating in a physical therapy session because you were too weak. These would both typically be considered legitimate reasons for a gap in medical treatment.

There are other acceptable reasons for a gap in medical treatment. If you communicate anything that may cause a gap in treatment with our Hammond, IN personal injury lawyers, we can help keep the gap in treatment from being used against you in court.

Ways to Avoid a Gap in Medical Treatment in Wisconsin

There are certain actions personal injury plaintiffs can take that will prevent a gap in medical treatment from being used against them. Taking the following steps when managing your medical care can be beneficial to your personal injury claim:

  • Seek medical care as soon as possible after your accident
  • Do not cover up your pain when speaking with a doctor
  • Schedule and attend follow-up appointments to track your medical progress
  • Keep accurate records of your appointment schedule
  • Keep copies of medical records and bills
  • Contact your doctor immediately if symptoms begin to worsen
  • Do not return to your job if your doctor has not cleared you to do so
  • Take all prescribed medications on schedule
  • Avoid physical activities that could worsen your injuries
  • Avoid talking about your injuries on social media
  • Keep a detailed journal tracking your symptoms and pain

Our South Bend personal injury lawyers can help determine if a gap in medical treatment may be used against you during a free case review.

If You Suffered a Personal Injury in Wisconsin, Our Lawyers Can Help

If you suffered a personal injury, seek guidance and support from our experienced Fort Wayne personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.

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Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
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In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

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For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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