Can I Still File an Injury Claim If I Initially Denied Medical Care?

James Law Office, LLC

When an accident happens, paramedics or other medical professionals may be able to come to the scene and offer medical care to those who were injured. Some think that if you refuse this care, you cannot file a personal injury case later. This is simply untrue. You do have the option to pursue damages even if you did not get medical care right away. A Darlington, South Carolina personal injury lawyer from our firm can help you build a case and pursue the compensation that you deserve.

What Arguments Can the Other Side Make When I Deny Medical Care?

If you deny medical care right away, the lawyers and insurance companies might want to claim that:

You were not injured: You didn’t get treatment at the time because you were not hurt. You are either lying about injuries now or you got hurt elsewhere.

Your injuries are not serious: If you really needed compensation, you would have accepted medical care as soon as possible.

Your delay in getting care caused more damage: You may have been hurt in the accident, but your delay in getting medical care is what really caused most of the damage.

There are many good reasons to deny medical care initially, so your lawyer can poke holes in any of these arguments against you.

Can I Sue Even If the Accident Is Partly My Fault?

You should also know that you can sue even if the accident was partly your fault. As long as your assigned portion of the blame does not eclipse 50%, then you may pursue damages. Just know that your settlement or verdict will be reduced by how much of the blame is yours.

Here’s an example. A driver collides with another car while they are driving in the wrong lane. The driver they hit was speeding at the time. That driver sues and wins $200,000, but they are determined to be 20% at fault for the accident. So they get 80% of their settlement, or $160,000.

How Long Do I Have To File a Lawsuit?

South Carolina gives accident victims three years to sue for personal injury. This seems like a generous amount of time, but we recommend acting as quickly as you can. The faster you get this process started, the sooner you can receive your compensation. Also, you have less time to sue if the defendant is affiliated with the government. Acting quickly is always a wise idea if you plan to sue.

What Can a Personal Injury Attorney Do for Me?

A personal injury attorney can do a lot to help you with your case. An experienced lawyer will:

  • Gather evidence
  • Talk to witnesses
  • Handle any communications on your behalf
  • Field settlement offers and calculate fair compensation
  • Keep track of important court dates and deadlines
  • File your case before the statute of limitations expires
  • Defend you from accusations of wrongdoing

Contact Our Law Firm Today

If you are ready to learn more about your legal options, contact the James Law Office, LLC. We can schedule a free consultation and tell you more about how we can be of assistance.

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Darlington, SC 29532

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