Levin & Malkin discusses the impact delayed treatment may have on personal injury lawsuits.

Q: Can I sue for a personal injury if I waited a week to seek medical attention?

New Jersey personal injury attorneys routinely advise those injured in an accident to seek medical attention right away. But sometimes accident victims are reluctant to do so and/or believe they aren’t seriously hurt. Many don’t realize that it can sometimes take a week or more for the symptoms of the injury to present itself. 

Does delayed treatment mean it’s too late to sue for damages?

The answer may depend on how long they wait, the type of injuries suffered, and who was liable for the injuries—as there are statutory limits within which victims must serve responsible parties with notices of their claim and limits on the time by which a lawsuit must be commenced. These time limitations are generally tight in suits against government agencies.

Recently, a New Jersey spinal cord injury lawsuit was brought after a golfer was struck in the knee buy a golf cart that reportedly landed him flat on his back and initially caused him leg instability. He reportedly didn’t seek medical attention for a week. 

The victim also reportedly suffered two herniated disks and had a pre-existing condition of spondylolisthesis that was reportedly deemed latent prior to the exacerbating intervention of the accident. According to the suit, he went on disability, was terminated three weeks before returning to work, and was reportedly unable to find similar employment due to his injuries. 

Notwithstanding the delayed treatment and the pre-existing condition, the jury awarded him substantial damages for pain and suffering, future medical expenses and lost wages.

In a personal injury lawsuit, a victim injured by the negligent, reckless, or intentional actions or inactions of another person or entity can sue the responsible parties for compensatory damages. You can sue even if you are partially to blame for the accident – as long as you are not found to be 50% or more at fault. While damages differ from case to case, they may include such items as current and future medical expenses, current and future lost income, property damage, and physical and psychological pain. 

Contact Our New Jersey Personal Injury Attorneys Today

If you or a loved one has been injured in an accident due to the actions of someone else, the law firm of Levin & Malkin can help maximize the compensation to which you may be entitled. Contact us today for a free case evaluation. 

From our office in Hackensack, we’ve been helping injured accident victims in New Jersey and New York for more than 40 years. 

Posted in: Personal Injury