The answer is yes. However, you risk jeopardizing a strong claim by waiting.
It can happen quickly—a slip and fall at your favorite restaurant or while you’re shopping at your local grocery store. You might feel a little shaken up or slightly embarrassed, but you don’t think you’ve been hurt, and you get up, laugh it off, and leave the premises wanting to put the incident behind you.
It’s possible you might not visit the ER or see your doctor, but a few days later, you might develop a lower back ache or a shooting pain in your ankle. Suddenly, going to work or enjoying your daily activities is nearly impossible. You may wonder if it’s too late for you to file a premises liability claim because you didn’t seek immediate medical attention. Our Kansas City slip and fall lawyers know that you may have many questions about how to seek compensation for a delayed injury claim. Here, we answer your questions about your legal rights when you don’t see a doctor following your slip and fall.
When You Delay Seeing a Doctor After Your Slip and Fall
After a slip and fall, your injuries may not present right away. The adrenaline released in your system when you suffer a stressful situation like a slip and fall can mask pain. Because of this, people involved in an unexpected mishap may not realize they are injured until the adrenaline has left their systems hours or days later.
Some of the most common injuries, such as a brain injury or concussion, soft tissue damage, or whiplash, may not cause symptoms for days or even weeks after the initial accident. Minor aches that you chalk up to normal soreness after the fall may develop into severe neck pain and/or headaches. A twinge or slight pain in your leg could actually be a sprain or fractured bone.
Questions About Delayed Injury Claims
Just because your symptoms don’t become apparent right away doesn’t mean you lose your right to compensation. However, delaying medical treatment after the accident can make proving your claim more challenging. Here are some questions you may have if you delayed seeing a doctor after your slip and fall:
#1. Can I delay a doctor visit too long before filing a claim?
You’re not obligated to see a doctor or go to the ER after a slip and fall. However, when you delay seeking medical attention after your fall, you can jeopardize a future premises liability claim. Prompt medical attention can help identify the full extent of your injuries and show that you took immediate steps to address the harm caused by the fall. This is important because courts and insurance companies will assess the credibility of your claim by looking at how soon you sought treatment. The longer you wait, the easier it is for the opposing side to question the legitimacy of your injuries, and this can weaken your case.
#2. Can I still prove negligence in a slip and fall if I delayed seeing a doctor?
Yes, you can still prove that the premises manager or owner was negligent, but it’s much harder to make your case if you don’t see a doctor. Seeking medical attention right after your slip and fall creates documentation that connects your injury to the fall. This can provide important evidence for your claim. If you delayed seeing a doctor, be sure to see one as soon as you notice any symptoms, even if it's not the same day as the accident.
#3. Why does a delay to the doctor complicate my claim?
If there’s a gap of time between the day you were injured and the date of your first doctor’s visit, the insurance company for the negligent building manager or property owner can argue that because you waited so long to seek treatment, your injuries weren’t that serious and/or that they weren’t caused by the slip and fall at all. When they use this argument, the insurance adjuster will say you don’t need the amount of compensation you’re asking for.
#4. What kind of evidence do I need to support a delayed slip and fall claim?
- Get to the doctor as soon as you have symptoms, and verify with them that you have never had these symptoms until your slip and fall. It may help if your doctor notes in your medical records that you’ve never had the ongoing symptoms, such as back pain or headaches, at any time in the past.
- Get copies of all your medical bills, doctor notes, and other records related to your injuries. This documentation, even if it’s delayed, will help prove the extent of your damages.
- Talk to any employees who may have been working at the time of the accident. It’s possible that their memories have faded or they don’t remember the incident. However, there may be someone at the establishment who witnessed your slip and fall and can help provide information about what happened. Eyewitness statements can provide valuable evidence for your claim.
#5. Why shouldn’t I post on social media about my slip and fall?
Immediately following your slip and fall, you may be tempted to post information about your accident on social media. Especially if you feel okay at first, you may want your family and friends to know you’re alright. However, if you make a post like, “I’m fine” on Facebook, Instagram, or any other platform, the negligent building or property owner, especially their insurance company, could use it against you.
Insurance companies look for any reason to avoid paying you the compensation you deserve. They typically monitor social media for pictures or posts that show your participation in activities that contradict your claim that you’re injured. Even if your symptoms show up later, the insurance company may argue that you weren’t seriously injured and use your posts against you. They might claim that your injuries couldn’t have been that bad since you said you were okay. They may also say that your injuries aren’t related to the slip and fall at all. This can weaken your case and make it harder for you to get fair compensation.
Why You Need Our Experienced Kansas City Slip and Fall Lawyers for Delayed Claims
When you don’t seek prompt medical attention after a slip and fall, you won’t have a clear link between the accident and your injuries. That’s why it’s especially critical to hire legal representation if you’ve delayed seeing a doctor. Our skilled premises liability lawyers will help identify evidence that may help your case, including obtaining surveillance footage and preserving that evidence before it’s erased or destroyed. We can also help investigate dangerous property conditions that may have existed at the time of the accident or still exist now.
When your symptoms show up days or weeks after your accident, contact our knowledgeable attorneys to discuss your case and learn how we may be able to help. Read our case results to learn how we’ve assisted other clients injured in a slip and fall.