If you’ve recently been injured—whether in a car accident, a fall, or another type of incident caused by someone else’s negligence—it’s important to understand that you have certain responsibilities under the law. Fulfilling these duties not only supports your recovery but also protects the strength of any insurance claim or legal case you may pursue.
Please note: This blog post is for general informational purposes only and does not constitute legal advice. If you have specific questions about your situation, please contact a qualified personal injury attorney.
Why Your Actions Matter After an Injury
After an accident, you’re legally required to take reasonable steps to minimize your damages. This is often referred to as “mitigating your damages,” and it’s a concept that insurance companies take very seriously. They will look for any indication that your condition worsened due to inaction or poor decisions on your part—not solely because of the accident.
Here’s what that looks like in practice:
1. Follow Your Doctor’s Advice Consistently
Attend all your scheduled medical appointments. If your primary care doctor refers you to a specialist, physical therapist, or other provider, follow through with those referrals. If medication is prescribed, clarify whether it’s necessary and ensure your actions align with that guidance. Failing to take prescribed medication—or even failing to communicate clearly about it—can cast doubt on the legitimacy of your injuries.
Consistency in treatment doesn’t just support your physical recovery—it also demonstrates to insurers that you’re taking your injuries seriously.
2. Seek Timely Medical Treatment
Don’t delay care. If you wait weeks or months to see a doctor despite ongoing symptoms, insurance companies may argue that your injuries were not serious—or that they became worse because you waited too long. These types of delays, often referred to as “gaps in treatment,” can significantly weaken your claim.
3. Minimize Time Away from Work (When Reasonable)
It’s also important to be mindful of how your injury affects your employment. If it’s possible to schedule medical appointments around your work hours, do so. Insurance adjusters often try to argue that claimants intentionally missed work to inflate lost wage claims. Don’t give them that opportunity.
4. Return to Work When Medically Appropriate
Once your doctor clears you for work, return as soon as you are reasonably able. If your employer offers light-duty or modified work that fits within your medical restrictions, take advantage of it. And if you’re unsure whether such work is available, make a written request to your employer and ask for a formal response. That documentation can become important evidence if your work status is questioned later on.
Protect Your Health—and Your Claim
Injuries are disruptive, but the way you handle the aftermath can make a big difference in the outcome of your personal injury claim. Insurance companies are trained to scrutinize every detail of your recovery. Taking proactive, responsible steps shows that you’re committed to both your healing and to being truthful and reasonable about your losses.
If you’ve been injured and are unsure how to manage your responsibilities or deal with the insurance process, don’t hesitate to reach out. An experienced personal injury attorney can guide you through your rights and obligations, and help you protect your claim every step of the way.
