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If you’ve been injured in a car accident in Florida, then it’s important that you seek medical assistance in a timely manner — even if it’s not clear whether you’ve actually sustained a serious injury.  Failure to seek timely medical assistance could be a barrier to a full and adequate recovery of damages.

Let us take a closer look.

Contributory Negligence in Florida

If you delay seeking medical assistance after an accident, then the court may consider that delay to be an act of negligence on your part.  As a plaintiff, your own negligence can impact your ability to recover damages in full.

Florida law imposes pure comparative fault rules.  What this means is that a plaintiff can recover damages no matter their percentage fault contribution, but their recovery will be reduced in accordance with their percentage fault.

How does this work?

Suppose that you are injured in a car accident, and your damages total $100,000.  You delayed in seeking medical assistance, however, which exacerbated your injuries.  The court finds that you are 50 percent at fault for your injuries.  Thus, you would only be entitled to recover $50,000 in compensation.

As such, a delay will not necessarily prevent a recovery, but it will impose limitations.

Legal Issues Associated with a Delay

Delaying medical assistance could undermine your claim for damages significantly.  Aside from the delay being considered contributory negligence, opposing counsel is likely to evaluate the case in such a way as to attack the legitimacy of the claim.  Simply put, the fact that you delayed medical assistance will be turned against you to show that your injury was not that serious — the opposing party will argue that, had the injury been serious, you would have sought medical assistance in a timely manner.

Even if you are not “sure” that you have sustained an injury, seeking medical assistance soon after an accident is critically important.  You may discover that you have, in fact, suffered an injury that is not obvious.  By identifying a potential injury (and related claim), you will be able to bring a lawsuit against the liable defendants before the statute of limitations period has run out.

Contact a Tampa Car Accident Lawyer at Alley Clark Greiwe  

Here at Alley, Clark & Greiwe, our attorneys have decades of experience representing car accident plaintiffs.  We understand just how difficult it can be to understand whether you have an actionable claim under the law.  To that end, our attorneys work closely with clients to identify potential claims and follow through with an actionable strategy.

We are committed to treating every client’s case as unique.  It is our belief that diving deep into the particularities of a client’s case can give us the insights we need to secure a full and satisfying recovery.

Ready to speak to an experienced Tampa car accident lawyer at our firm?  Call us at (800) 840-0977 or contact us online to arrange a free initial consultation.  We look forward to speaking with you.