Motor vehicle accidents happen when you least expect them, and it’s natural to feel overwhelmed in the aftermath. In some cases, the injured victim may not be in a state of mind to visit the hospital immediately after the crash. However, delayed medical attention after an accident doesn’t jeopardize your right to file a claim.
Wisconsin law doesn’t mandate immediate emergency room treatment to pursue a personal injury claim. However, delayed treatment may impact your injury claim in some cases. When there’s no ER or other medical record from the same day as the accident, the insurance company often questions whether you were actually injured in the accident or your injuries occurred later from another incident.
If you didn’t see a physician immediately post-accident, they may twist that into an argument to deny or undervalue your claim. They may argue that you’re exaggerating or outright lying about your injuries. Your burden of proving causation gets heavier.
Filing a Claim Without a Hospital Visit in Wisconsin
There are numerous valid reasons why you might not pursue immediate medical care following a motor vehicle collision. Some people hesitate due to the anticipated cost of an ambulance ride or an emergency room visit, while others might believe their symptoms are minor and will resolve on their own.
It’s quite common for some injured victims to decline care at the crash site, not because they weren’t in pain, but because their concern was entirely focused on their spouse, children, or other loved one who may appear more seriously injured.
Unfortunately, none of this matters to insurance companies. They may argue that the absence of a professional medical evaluation suggests the injury didn’t exist or wasn’t as serious as you’re claiming.
Wisconsin laws recognize that delayed symptom onset is a reality. As such, no statute or case law bars you from filing an insurance claim or personal injury lawsuit simply because you didn’t go to the ER or an urgent care center right after an accident.
However, the proper course of action is that after an accident, you should visit a doctor as soon as possible. A short visit to the doctor will help document your injury and eliminate the chance of any bad-faith arguments by the insurance company.
If you discover your injuries are more serious than you initially realized, talk to a personal injury attorney. In an accident claim without immediate treatment, your attorney will evaluate your best legal options and explore every available avenue for recovering compensation.
Choose Your Own Healthcare Provider After an Accident
Following an accident, it’s important to notify your own insurance company as soon as possible. At the same time, you will likely receive calls from the at-fault driver’s insurance adjusters offering to help you. It’s best to avoid any direct negotiations with the insurance adjuster until you have hired a personal injury lawyer to represent you.
If you have suffered serious injuries that require treatment beyond the initial medical care at the ER, you’re free to choose your own medical provider. You don’t have to seek medical care based on the recommendations of your own insurance company or the other driver’s insurers in a personal injury case. If you hire an experienced and resourceful law firm, they may help you seek medical treatment immediately.
Your initial choice will probably come down to one of three types of providers: a medical doctor (MD), a chiropractor (DC), or an osteopathic physician (DO). Each of these professionals offers valuable treatment, but insurance companies tend to view MDs as the most credible source of medical opinions for determining the severity and legitimacy of your injuries. Skilled personal injury attorneys will advise you to keep a record of all medical expenses from car accidents to prepare a well-documented claim.
Most Common Types of Car Accident Injuries
Your body can sustain damage in a variety of ways during a crash. It’s important to document all of those injuries to make sure you don’t end up accepting a settlement offer that doesn’t even cover your complete treatment.
Hard Injuries
These are typically more severe injuries, which may lead to extensive medical treatment, chronic pain, prolonged suffering, or even permanent disability. You may require multiple medical appointments, hospital stays, and post-surgery physical therapy sessions.
Sometimes, even catastrophic injuries, such as traumatic brain injury, may present delayed injury symptoms. Common accident-related injuries resulting in a personal injury lawsuit may include:
- Broken bones and fractures
- Spinal cord injuries
- Herniated discs
- Head and traumatic brain injuries (TBIs)
- Internal organ damage
- Deep lacerations and burns
- Ligament or cartilage tears
- Gashes, cuts, and tears that need stitches
- Joint dislocations or injuries
- Spinal disk or vertebrae injury
Soft Tissue Injuries
Strained or sprained back, ankle, knee, or neck are called soft tissue injuries because they only impact your muscles and other soft connective tissue. These are generally regarded as less serious by insurance companies compared to hard injuries. However, not all injuries involving soft tissue damage may be minor. Be prepared to seek medical attention immediately to treat minor injuries to protect your car accident claim.
Legal Help Is Here from Our Skilled Personal Injury Lawyers
If you or someone you know has been injured in a truck, bike, or car accident, our legal team at Gingras, Thomsen & Wachs can provide you with dedicated representation.
With 35+ years of experience and over $200 million recovered for our clients in verdicts and settlements, our experienced car accident lawyers are strongly positioned to take on powerful insurance companies and fight for every dollar you’re owed in damages. To schedule your free consultation, call us at 855-954-1186 or contact us online.
