Yes, it is possible to seek legal action against the at-fault driver even if you do not see a doctor right away. Medical treatment delays, however, may significantly affect your Personal Injury Protection (PIP) benefits and complicate your claim.
Florida has a 14-day deadline for determining PIP eligibility. You must see a licensed medical provider within 14 days of your car accident to qualify for PIP coverage, which covers 80% of medical costs, 60% of lost wages, and funeral expenses. Licensed providers include physicians, osteopaths, chiropractors, dentists, and emergency medical technicians.
In most cases, if you miss this 14-day window, you will not be able to file a PIP claim regardless of how severe your injuries are. The court consistently upholds this deadline, which allows even legitimate injuries discovered later to be denied coverage if they were not treated within the statutory time frame in which they were discovered.
If you do seek medical care within 14 days but your condition is not classified as an Emergency Medical Condition, your PIP benefits may be capped at $2,5k instead of the full $10k available under your policy.
This option becomes available when your injuries meet Florida's serious injury threshold, which includes permanent injury, significant scarring, loss of important bodily function, or other substantial impairments.
Florida's statute of limitations gives you two years from the date of your car accident to file a lawsuit against the responsible party. The 14-day PIP requirement is separate from this timeline, which provides much more flexibility for seeking compensation.
Don't ignore ongoing symptoms or assume it's too late to seek help. Get a medical evaluation as soon as possible, even if the 14-day PIP window has closed. Late medical care can still help document and justify your injuries for a liability claim against the at-fault driver.
Document the reason you delayed treatment, because insurance adjusters will ask you. A valid explanation could be feeling fine at first, not recognizing symptoms, or believing the injuries are minor. Even if you do not have PIP coverage, you can use this documentation to support your liability claim.
Hire a lawyer or contact the insurance company of the at-fault driver to begin building a liability claim. Make sure you gather all the evidence you can, including medical records, diagnostic images, police reports, and wage loss claims.
Medical delays are often used by insurance companies to prove the injuries aren't serious or unrelated to the accident. Due to the state of shock, adrenaline can mask pain and injuries like whiplash or internal issues may not be evident immediately. Even in cases where treatment has been delayed, our experienced attorneys from The Law Offices of Sean M. Cleary can counter these arguments by demonstrating the connection between the accident and the injuries.
We understand that people don't always seek immediate medical treatment after car accidents. Our firm has recovered compensation on behalf of clients who delayed treatment by building strong liability cases that address the at-fault driver's negligence.
You can seek compensation even if your medical treatment was delayed. Let us evaluate your case and explore your legal options today, regardless of when you sought medical care.