Can I still file an injury claim if I initially denied medical care in New York?
If you have been injured due to someone else’s negligence, you can seek monetary compensation for your economic and non-economic damages. To receive financial compensation to cover the costs associated with your injuries, you need to prove that the negligent party’s actions directly caused your injuries and document all the damages you’ve incurred. This includes providing evidence of all of your out-of-pocket medical costs. Accepting immediate medical care in the immediate aftermath of an accident is crucial to ensure your injuries are treated and you mitigate further damage. You can still file an injury claim if you do not seek immediate medical care. However, refusing or delaying medical treatment can harm your health and may negatively impact the outcome of your claim. Please continue reading and contact our determined Westchester County Personal Injury Attorneys, who can help you fight to recover the maximum compensation you may be entitled to.
Do I have the right to refuse specific medical treatments in New York?
In New York, following an accident, if you are conscious and able to decide based on sound reasoning, you can refuse any medical treatment. However, it is critical to note that emergency medical treatments will be executed to treat your injuries if you are unconscious. Sometimes, you may initially deny medical treatment because you believe you are unharmed. Sadly, many injuries are not visible or have delayed effects. In such cases, if left untreated, they could turn life-threatening or life-altering. In other cases, the procedures you require may not provide many benefits. There may be alternative treatment options. Regardless of your reasoning for refusing medical care, it can negatively affect the outcome of your claim, as the insurance company may argue that you are not taking the injury seriously or have contributed to the severity of your injuries.
What are the potential consequences of refusing medical care?
Firstly, if you refuse or delay medical care after an accident, the insurance company will argue that you are exaggerating the severity of your injuries or not injured as you’ve claimed to be. They may even claim you are trying to defraud them since a lack of medical treatment means there is no evidence to prove your claim. In addition, the insurance company may argue about the causation of later treatment. New York is governed by comparative negligence.
Comparative negligence states that injury victims are responsible for mitigating further damage in an accident by taking reasonable measures, such as seeking immediate medical attention after an accident to ensure a speedy recovery. If an injury victim refuses or delays medical care, they can be held responsible for a percentage of fault in the accident as they contributed to the severity of their injuries. As such, it is imperative to seek immediate medical attention to ensure your injuries heal as quickly as possible.
As you can see, it is crucial that you seek immediate medical treatment to maximize your chances of proving your case. Please don’t hesitate to contact a skilled attorney from the legal team at Hausman & Pendzick today. Our firm is prepared to aggressively fight to help you obtain the just compensation you deserve.