I Haven’t Sought Medical Treatment; Can I Still Make A Personal Injury Claim?
It is important to seek medical advice if you have been injured in an accident. However, maybe you didn’t seek medical attention because you thought your injuries were not bad enough to go to your GP or your symptoms were delayed.
It may still be possible to make a claim if you didn’t seek medical attention. However, the likelihood of success will depend on the circumstances of your case and the other evidence available.
Let’s get into more detail about the process of making a personal injury claim and the evidence required.
How to make a successful personal injury claim?
In order to make a successful personal injury claim, you need to be able to prove that your injuries were caused because of the negligence of another party.
Seek medical attention as soon as possible
If you have ongoing symptoms, it is not too late to attend your GP and discuss your injuries. It is important you explain the cause of your injuries to your GP so there is a record. Even if you think you have recovered from your injuries, it is best to get the opinion of a medical professional.
Mitigation
It is important that you seek medical treatment as soon as you are able because it shows that you took steps to mitigate your loss. In a personal injury claim, mitigation means reducing the severity of an injury as well as keeping losses after an accident to a minimum as far as is reasonably possible.
If you delayed treatment, then the opponent could argue that they cannot be held entirely responsible for your injuries and compensate you in full as you did not act reasonably to seek treatment at the earliest opportunity possible, which could have exacerbated your injuries.
The role of medical records
Medical records form a key part of evidence in a personal injury claim. Medical records are contemporaneous records which may detail how the accident happened, what injuries were sustained, and what treatment you received. This can include;
- GP records
- Hospital records
- Ambulance records
- Physiotherapy records
For further information about the importance of medical records, click here.
Small claims track
If you didn’t seek medical treatment because your injury was so minor that you did not need medical help or advice, your claim might fall under the small claims track. This procedure is intended to be simple enough for people to conduct their own cases without a solicitor.
Medico-legal expert
As part of your claim, your solicitor may wish to obtain a report from an independent medico-legal expert. The purpose of the report is for the expert to provide an opinion on the injuries the claimant has sustained as a result of the accident and to provide an opinion and prognosis, and recommendations for further investigations.
In most cases, the medico-legal expert will be sent your medical records to inform their opinion. If you did not visit a hospital or see a doctor after the accident, you will have no documentation of your injury or injuries. A medico-legal expert may still be able to comment on the injuries sustained as a result of an accident but they will need to review medical records to consider any past medical history and may ask why medical advice has not been sought.
Other evidence available
If you didn’t seek medical attention, a claim may still be possible, but the likelihood of success will depend on the circumstances of your case and the other evidence available.
The specific evidence required largely depends on the type of accident. However, evidence may include the following:
Details of the accident:
- The date and time of the accident
- Accident location
- A detailed description of the accident
- Information about the type of injury or injuries you suffered
- Evidence you sought medical treatment:
- Name of your GP practice and any hospitals where you have been treated.
- Dates and times of any visits to see medical professionals.
Photos/ CCTV/ Video:
- Photographs of your injuries
- Pictures of the accident site
- CCTV or video evidence of the accident happening or the aftermath of the accident
Witness evidence:
- The names and contact details of anyone involved in the accident, including any witnesses to the event.
Other:
- Reports from police/ emergency services if they attended the scene
- Copy of the RIDDOR accident report from your employer
- Evidence of sick leave due to your injuries
- Any financial losses you (or family members) have incurred as a result of the accident. Keep a diary and keep the receipts. These losses include items such as loss of earnings and travel expenses while attending medical appointments. Your solicitor will use these in your personal injury claim.
If you have been involved in an accident, contact our leading Personal Injury solicitors now on 0330 822 3451 or request a call back to discuss whether you might be able to successfully claim for your accident.
