Can A Person Claim Injury Damages for an Auto Accident if They Refused Treatment at the Scene?

Full Question:

My wife and two children were in a serious car accident on May 6th of this year. They were seriously injured but from what the cop told me the driver of the other vehicle had minor cuts and bruises. He refused medical treatment at the scene. Now three months later a risk management company sent me a letter saying he was injured at the accident. We did not have car insurance at the time and my wife was at fault. Can he sue us even though he refused medical treatment at the scene?
08/14/2010   |   Category: Personal Injury   |   State: Illinois   |   #22907

Answer:

Yes, although the delay in seeking treatment may be used as evidence of the lack of serious nature of the injuries. Sometimes in an auto accident, the injuries don’t appear immediately. However, the longer a person waits to see a doctor, the less evidence it is of the serious nature of an injury. It is also possible that the delay in seeking treatment may have aggravated a condition, and the failure to mitigate (lessen) the damages, may reduce the plaintiff’s recovery. The plaintiff has a duty to mitigate damages by taking necessary action to prevent the injuries from worsening.