North Carolina law requires an injured person (“plaintiff”) to prove three things before recovering damages: (1) the defendant’s negligence, (2) that the negligence caused the injury, and (3) the amount of damages. A gap between an accident and the first doctor’s visit can weaken each of these elements—and, in turn, lower the settlement or verdict value.
Insurance adjusters and defense attorneys argue that pain which surfaces days or weeks later could have come from something other than the crash. Without prompt documentation, you give them ammunition. In a trial, the jury decides whether the defendant “more likely than not” caused the harm. A long, unexplained break in treatment creates doubt.
Only reasonable and necessary medical expenses are recoverable. Under N.C. Gen. Stat. § 8-58.1, itemized bills are admissible to prove cost, but the defense can still challenge whether those costs were necessary. Delayed care lets them claim you exaggerated symptoms or failed to mitigate damages.
If the jury finds you were even 1% at fault, you recover nothing. Although a treatment delay is not “fault” in the usual sense, the defense may argue you failed to act as a reasonably prudent person would (i.e., seek prompt care) and therefore contributed to the worsening of your injuries. If that argument succeeds, your claim could be barred completely.
North Carolina expects injured parties to "mitigate" or limit their losses. Skipping initial care or not following up on referrals may violate this duty. Judges typically instruct juries that they may reduce damages when a plaintiff did not act reasonably to minimize harm.
Insurance companies use treatment records to measure how much pain you endured. Gaps invite an assumption that you were not hurting enough to see a doctor—shrinking any offer for non-economic damages such as pain, suffering, and loss of enjoyment of life.
Suppose Maria is rear-ended on Monday but feels “just sore” and waits three weeks before visiting her family physician. An MRI later shows a herniated disc requiring $25,000 in medical care. The insurer argues:
The adjuster initially values the claim at $15,000 rather than $75,000. By contrast, if Maria had gone to urgent care the day of the crash and followed referrals, contemporaneous records would tightly connect the disc injury to the wreck and likely raise the valuation.
Prompt, continuous medical care is one of the fastest ways to strengthen a North Carolina personal injury claim. Waiting even a few days can slash an insurer’s valuation, complicate causation proof, and invite contributory negligence arguments.
Hurt in an accident? Our firm’s seasoned personal injury attorneys guide clients through every step—from finding the right doctors to negotiating fair settlements. To protect your claim, call 919-313-2737 for a free consultation today.
