Fortunately, in California, if you are injured due to someone else’s negligence, you are entitled to seek monetary compensation to cover the costs associated with the damages you’ve incurred. To ensure you recover the maximum compensation you may be entitled to, you must keep a detailed record of your economic and non-economic losses, which includes any out-of-pocket medical expenses. If you deny or delay medical care after an accident, it could hinder your ability to receive the full compensation to which you may be entitled. It is critical to seek immediate medical care after an accident for your health and to protect your rights. If you’ve been injured due to someone else’s negligence, it is in your best interest to contact our dedicated Santa Clara County Personal Injury Attorneys, who can help you fight to obtain the just compensation you deserve.
Do I have the right to refuse medical care after an accident in California?
In the state of California, every person possesses the right to refuse medical treatment should they choose. As long as they are conscious and capable of making a decision based on sound reasoning, regardless of the risks of declining medical care, they can turn down any treatment. However, if an accident has left an individual unconscious, the appropriate emergency medical services will be performed. While injured individuals are afforded the right to refuse medical treatment, this decision can significantly impact the outcome of your injury claim.
What are the possible consequences of denying or delaying medical treatment after an accident?
Sometimes, a person may deny or delay medical attention because they believe they were not injured or their injuries are minor and will heal on their own without intervention. They may even fear they cannot afford the costs of an ambulance ride and emergency room visit. Regardless of the reasoning, seeking immediate medical attention after an accident is crucial. Unfortunately, some injuries may not be visible or have delayed effects, which, if left untreated, could worsen, resulting in longer recovery periods and potentially long-term medical issues. Therefore, refusing or delaying medical treatment is dangerous for your health.
If you initially deny medical treatment at the scene, the insurance company will likely try to use it against you and argue that you did not get injured in the accident or that you are not as hurt as you claim to be. While you can still file a claim if you refused medical treatment at the scene, the insurance company will likely deny your claim. They will argue about the causation of later treatment of the accident. Essentially, they will argue that you contributed to the severity of your injuries by refusing or delaying medical treatment, as you did not take the proper steps to mitigate further damage in the accident.
As you can see, while you are still allowed to file a claim if you were initially denied medical care after an accident, this decision will ultimately negatively impact the outcome of your case. It is more than likely that you will not be able to recover the maximum compensation you are entitled to. As such, you need a determined attorney from the legal team at the Law Offices of Brian J. O’Grady to aggressively fight to obtain the full and fair compensation you deserve. Our firm is prepared to represent your interests to hold negligent parties accountable for their careless actions.