How long do you have to go to the hospital after an accident to get proof?


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Question:

How long do you have to go to the hospital after an accident to get proof?

Answer:

Immediately after an accident, a victim should seek medical evaluation from a physician, whether at the scene of the accident itself, in a local emergency room, or from one’s personal physician. Any record of this evaluation, including recommended treatment, the diagnosis, and any other statements from medical professionals, should be documented and retained for future use. Moving forward, any treatment received following the accident, whether out of personal desire or on the basis of a physician’s recommendation or referral, should also be documented as well.

As far as timing following an accident, a victim has the legal right to file claims at any point, assuming the statute of limitations has not expired. However, any claims filed well after the fact will be subject to scrutiny, including counter claims of comparative or contributory negligence, if not outright fraud. In short, it is always in a claimant’s best interest to seek medical attention as soon as possible following an accident. However, if this is not the case, it is still possible to file viable legal claims in the future. These claims will benefit from the representation and counsel of an auto accident lawyer, but may revolve around the following:

  • Most states include statutes of limitation allowing the limitations period to begin accrual either from the date of injury or from the date of discovery of harm. Depending on your state and specific case, the discovery of harm date may be more relevant than the actual date of harm.
  • Alongside discovery of harm, once discovered, a victim should seek medical treatment to confirm the existence of injuries, and in possible, determine whether a given accident was the likely cause of these injuries as well. This may ultimately require the use of expert testimony, but at least initially, having a record of treatment is the most important task.
  • Claims without medical documentation, on the other hand, can greatly hamper the ability of a victim to recover
  • Compensation rightfully owed to them under law. In any tort case, a victim will be tasked with proving his or her claims of injury stemming from the fault of another party. Without sufficient documentation concerning the injuries, a claims case may be lacking the relative strength and merit to proceed.

For more information and insight about your specific auto accident case, consulting with an auto accident lawyer will provide immensely beneficial insight into how to proceed with your auto accident case after an accident.

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