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