If you were involved in a Indiana car accident, it is generally recommended to get medical attention or an exam. Often insurance companies try to pay out the lowest they can for insurance claims. Refusing medical treatment after a car accident can become part of their defense for denying compensation to a victim.
The Right to Refuse Treatment
In Indiana, there is a patient’s bill of rights. This bill states that conscious patients over 18 have the right to refuse medical treatment regardless of whether their refusal results in worsening injuries or even the possibility of death. If you are, however, refusing medical treatment after a car accident in Indiana, you must have a very clear reason why.
Why You Might Refuse Treatment
Car accidents whether minor or severe, are frightening. There are so many people asking questions and thoughts going through your mind, it can be hard to know if you need medical treatment. Because of this, there are several reasons why people refuse treatment.
Adrenaline: Adrenaline will often be pumping through your body after an accident. It can cause you to not be fully in touch with yourself, resulting in not feeling any pain or injuries you might be experiencing. After going home and resting, the pain will most likely flare up; before this happens, you should get a medical exam so injuries do not worsen.
Medical Trauma: Many people have had negative experiences with doctors and hospitals, and the thought of going right after an accident sounds overwhelming. Finding support to help you go and seek help is an excellent way to ensure you are taking care of your needs.
Procedure Uncertainty: Procedures can be high-risk without the potential for significant improvement. Many patients refuse these kinds of procedures and seek recommended alternatives for recovery. Proving that you are seeking an alternative will help in a personal injury case against an insurance company.
Religious or Personal Beliefs: Certain religions discourage or even forbid seeking medical treatment or specific procedures. Personal beliefs can also prevent someone from being treated after a car accident. These reasons should be clearly stated, and your health should be closely documented and monitored at a minimum.
Insurance Company’s Arguments
Ultimately it is in an insurance company’s best interest to pay as little as possible in any claim, not just personal injury. Working with an experienced personal injury claims attorney is highly recommended, especially when refusing medical treatment after a car accident.
Insurance companies will devalue your settlement knowing you didn’t seek medical care immediately. The reason being is quite simple, and it’s a logical argument. Injury claims are based on injuries sustained in an accident. Therefore, it’s a reasonable claim for an insurance company to make that you are not injured, or injured enough, to file for damages if you did not seek medical care following an accident. This is when you would need a very clear reason why you did not seek medical care.
To recover compensation, you must prove the other driver’s negligence. One of the most crucial elements of negligence is sustaining damages directly from their actions. Refusing medical care diminishes the severity of the other driver’s negligence, and therefore, possible compensation.
Your pain and suffering compensation could be affected if you do not receive medical care. Insurance companies could accuse you of denying care to worsen your pain and suffering. Therefore, it must be proved that you mitigated damages to the best of your abilities even though you did not seek medical attention.
Making a damage claim often includes medical bills. Building your case for a damage claim can be challenging if you do not accumulate any medical bills. The insurance company may even deny your damage claim altogether.
Receiving Treatment Later
If you choose to refuse medical treatment immediately after an accident, it’s not too late! You can always seek medical attention after an accident. However, the longer you wait, the harder it can be to connect it to the accident. Pay close attention to your health in the days, weeks, and months that follow.
What You Should Do
Immediately after a car accident, you should see a doctor, even if you feel your injuries are minor or if you are unsure if you were even harmed. Speak to a medical professional to understand all your treatment options. Make sure your treatment, even if it’s alternative, is recommended by an experienced medical professional and obtain proof that you are going. Proving that you are seeking wellness strengthens your claim, and you are more likely to receive compensation.
Contact Crossen Law Firm
At Crossen Law Firm, we understand that accidents happen, and it can be hard to know what to do after. We are here to support you and fight for a fair car accident injury settlement for you. Regardless of whether you were treated or refused medical care after an accident, we believe in fair settlements and are up for the challenge. If you or a loved one have been involved in a car accident in Indiana and are seeking help from an experienced attorney, contact us today.-317-401-8626.
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