Can a Gap in Treatment Impact My Accident Claim?
If you were injured in an accident, you will most likely have to make several visits to your doctor. Depending on the severity of your injuries, you may have follow up visits and diagnostic tests. It is very important that you keep all your visits and diligently follow all instructions given by your doctors. This is not only important to your health but also to the outcome of your personal injury claim against the party who caused the accident. Any gap in treatment could significantly impact the outcome of your case and the compensation you receive.
What is a Gap in Treatment?
There are generally two different types of gaps in treatment that could impact the compensation you will ultimately receive. One is the gap between when you were involved in the accident and when you first started treating for your injuries. For instance, you were in a car crash, but you did not seek treatment until 4 months later.
The other type of gap is the time that lapses between your first date of treatment after the accident and the next follow up visit you have with your doctor.
In a personal injury case, the insurance adjuster will look for any possible ways to pay out as little as possible on your claim. They will use even the slightest gap in treatment as an excuse to devalue your claim.
What If I Have a Legitimate Reason for a Gap?
A gap in treatment does not mean you are not injured. In most cases, a gap in treatment does not mean that you were not experiencing pain after your accident. You may not be able to avoid a gap and may have legitimate reasons for it. You may have had to take care of a sick relative or could not miss work due to financial hardships. A legitimate reason for a gap in treatment is perfectly acceptable.
However, it is important that your New Jersey accident attorney properly documents the reasoning behind the gap so that it cannot be used against you by the insurance adjuster when it comes to settling your claim.
The bottom line is that your health is the most important reason behind avoiding gaps in treatment. The severity of your injuries may lessen with each treatment, but chances are that you will need the full course of treatment to recover from the injuries. And secondary to that is avoiding gaps is also important to the outcome of your personal injury claim and ensuring you get the full compensation you deserve.
Call a New Jersey Accident Attorney
If you or someone you know has suffered any type of injury in an accident caused by the reckless or negligent actions of another party, an experienced New Jersey accident attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
