Should I Complete My Medical Treatment Before Filing a Personal Injury Claim?

Doctor by Adrien Coquet from the Noun Project

Personal injury claims can be daunting, with various factors to consider, such as the severity of your injuries, the role of medical treatment, and the appropriate timing for filing your claim. This blog post aims to provide a comprehensive guide on whether you should complete your medical treatment before filing a personal injury claim, taking into account the potential risks and benefits, as well as other relevant factors.

Understanding Personal Injury Claims

A personal injury claim is a legal process initiated by someone who has suffered harm due to the negligence or wrongdoing of another party. The injured person, known as the plaintiff, seeks compensation for their injuries and associated expenses from the responsible party, known as the defendant. Personal injury claims can arise from a variety of situations, such as car accidents, slip and falls, medical malpractice, and defective products.

The Role of Medical Treatment in Personal Injury Claims

Medical treatment is an essential component of personal injury claims, as it serves multiple purposes. Firstly, it helps restore the injured party’s health and well-being. Secondly, medical records and expert opinions can be used as evidence to establish the extent and severity of injuries, the cost of treatment, and the impact on the plaintiff’s quality of life.

The Importance of Medical Treatment in Personal Injury Claims

Should I Complete My Medical Treatment Before Filing a Personal Injury Claim?

Establishing the Severity of Injuries

Medical treatment is crucial in determining the extent and severity of injuries sustained. A thorough evaluation by healthcare professionals can reveal the full scope of the harm, which is vital when seeking compensation in a personal injury claim.

Documenting Evidence Through Medical Records

Medical records are a key piece of evidence in personal injury cases, as they document the details of the injuries, the prescribed treatment, and the progress of the injured party’s recovery. Insurance companies and courts rely heavily on these records when assessing the validity of a claim and determining the appropriate compensation.

The Role of Medical Professionals in Personal Injury Claims

Medical professionals play a significant role in personal injury claims, not only by providing treatment but also by offering expert opinions on the cause and extent of injuries, the required treatment, and the potential long-term effects. Their testimony can be crucial in establishing liability and the damages owed to the injured party.

Understanding the Types of Damages

Economic Damages

Economic damages refer to the quantifiable financial costs associated with the injury, including medical expenses, lost wages due to time off work, and any future costs related to ongoing care or reduced earning capacity.

Non-Economic Damages

Non-economic damages, on the other hand, are not easily quantifiable as they relate to the subjective, non-monetary consequences of an injury. This can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.

Punitive Damages

In some cases, punitive damages may also be awarded. These are not meant to compensate the victim but rather to punish the defendant for particularly egregious conduct and deter others from similar behavior.

This often occurs with drunk driving, racing, or other conduct that manifested a reckless disregard for those around them.

How Medical Treatment Affects Each Type of Damages

Should I Complete My Medical Treatment Before Filing a Personal Injury Claim?

Medical Bills as Economic Damages

The cost of your medical treatment directly influences the economic damages in your claim. These can include costs of hospital stays, surgeries, medication, physical therapy, and any required future medical care.

Impact on Quality of Life as Non-Economic Damages

The extent of your treatment, and its success or failure, can also affect non-economic damages. If your injury has led to a diminished quality of life, significant pain, or emotional suffering, these aspects will be considered when calculating non-economic damages.

The Timing of Personal Injury Claims

The Statute of Limitations

Each state has a statute of limitations for personal injury claims, which is a deadline by which you must file your claim. It’s crucial to be aware of this deadline to ensure you don’t forfeit your right to seek compensation.

North Carolina’s statute of limitations for simple personal injury claims is usually 3 years, but there are some exceptions that reduce that timeframe to as quick as a year. You should reach out to a personal injury lawyer as quickly as possible to make sure you don’t run out of time.

Balancing Treatment Completion and Legal Deadlines

While it’s often beneficial to have a complete picture of your medical situation before filing a claim, you must balance this with the legal deadlines. In some cases, you might need to file your claim before you’ve completed treatment.

The Risks of Filing a Claim Before Completing Treatment

Potential Underestimation of Injury Severity

Filing a claim before completing treatment could lead to an underestimation of the severity of your injuries. If complications arise or if your recovery doesn’t go as planned, it might be challenging to adjust the claim to reflect these changes.

Potential Disputes from Insurance Companies

Insurance companies may argue that your injuries are not as severe as claimed if you file before completing your treatment. They might contend that your ongoing symptoms are due to non-compliance with treatment or other unrelated factors, leading to potential disputes.

Possibility of Unforeseen Complications

Medical treatment is not always predictable. Unexpected complications or slower-than-expected recovery can arise, affecting the overall cost of treatment and your quality of life. Filing a claim too early might not account for these potential changes.

The Benefits of Filing a Claim After Completing Treatment

Should I Complete My Medical Treatment Before Filing a Personal Injury Claim?

Accurate Evaluation of Damages

Completing treatment before filing a claim allows for a more accurate evaluation of damages. It provides a clearer picture of the medical expenses incurred, the impact of the injury on your ability to work, and the long-term effects on your life.

Greater Likelihood of Full Compensation

By waiting until after treatment completion, you can include all related medical expenses in your claim, increasing the likelihood of receiving full compensation for your damages.

Closure and Certainty

Filing a claim after treatment provides a sense of closure and certainty. You will have a comprehensive understanding of your injuries, the cost of treatment, and how the injury might affect your future.

The Impact of Pre-existing Conditions

How Pre-existing Conditions Could Affect Your Claim

Pre-existing conditions can complicate your personal injury claim. Defendants might argue that your injuries were not entirely caused by the incident in question but rather by an existing condition.

The “Eggshell Plaintiff” Doctrine

Despite this, the “eggshell plaintiff” doctrine states that defendants must take plaintiffs as they find them, even if they’re more susceptible to injury due to a pre-existing condition. However, proving that your injuries were exacerbated by the incident can be a complex process, requiring comprehensive medical records and expert testimony.

Importance of Compliance with Treatment

The Consequences of Non-Compliance with Medical Treatment

Non-compliance with your medical treatment can negatively affect your claim. If you fail to follow your doctor’s advice, the defendant may argue that you contributed to your ongoing health issues, potentially reducing your compensation.

Importance of Following Medical Advice

Following your medical treatment plan not only helps your recovery but also strengthens your personal injury claim. It demonstrates that you’ve taken steps to mitigate your damages and recover from your injuries, which is looked upon favorably by insurance companies and courts.

When it Might Make Sense to File Before Treatment Completion

Severe Financial Hardship

In some cases, waiting until the end of treatment might cause severe financial hardship, especially if you’re unable to work due to your injuries. Filing a claim sooner can help alleviate this burden, though it may complicate the claim’s valuation.

Cases with a Clear Liability and Obvious Long-Term Treatment

When liability is clear and the injury is severe, necessitating long-term treatment, it might make sense to file the claim before completing treatment. In such cases, an experienced personal injury attorney can help estimate future medical costs and include them in the claim.

How a Personal Injury Lawyer Can Help

Should I Complete My Medical Treatment Before Filing a Personal Injury Claim?

Navigating the Legal Complexities

Personal injury law can be complex, and navigating the process alone can be daunting. A personal injury lawyer can guide you through the process, ensuring that all necessary steps are taken.

Communicating with Insurance Companies

Insurance companies often aim to minimize the amount they pay out. A personal injury lawyer can handle communications with the insurance company, advocating for your best interests and aiming to secure fair compensation.

Ensuring Fair Compensation

A lawyer can help evaluate your claim, taking into account all medical costs, lost income, and non-economic damages to ensure you’re seeking fair compensation.

Deciding whether to complete medical treatment before filing a personal injury claim depends on various factors, including the severity of your injuries, your financial situation, and the statute of limitations in your state. By considering these factors and consulting with a personal injury lawyer, you can make the right decision for your specific situation.

Get Your Free
Case Evaluation Today!

Contact Information


Verdict Report

$3.025 Million settlement by Mark R. Melrose and co-counsel in a medical malpractice case for 40 year old man who suffered a devastating stroke after his surgeon failed to diagnose the cause of his bowel infarction. The doctor failed to read the echocardiogram which had clear evidence of a blood clot. This clot then broke apart and caused the stroke.

Review Us