Can I claim for an injury if I didn't get medical attention?

Woman worried didnt get medical help

If you have experienced an illness or injury that was not your fault, making a successful compensation claim relies on evidence.

So what are the prospects of making a successful injury claim if you have no medical evidence to corroborate your claim?

Do I need medical evidence to support my claim?

To make a successful claim, it will be necessary to prove that your accident caused your injury. This principle is known as 'causation'.

For most injury claims, such as a road accident or work accident, the circumstances of the accident directly explain the cause of the injury.

Sometimes the circumstances can be more complicated. For example, in cases of medical negligence, it can be difficult to prove that the injury was caused by negligence, rather than a health issue that would have arisen anyway.

To establish causation, your solicitor will collate as much evidence as possible to determine the circumstances that led to your injury or illness.

See also:

Am I eligible to make a personal injury claim?

Why is a visit to a doctor or hospital so important when making a claim?

The sooner you seek medical attention after your accident, the easier it will be to prove that your accident caused your injury.

If your accident resulted in excessive bleeding or broken bones, for example, you will probably have gone to a hospital. The hospital will hold medical records of your injury including admittance notes, X-rays, and treatment plans.

Whatever the severity of your injury, you will ideally have visited a hospital, GP, doctor, or other medical professional immediately after your accident. A medical professional will verify the extent, treatment, and prognosis of your illness or injury.

Not getting a formal diagnosis after an accident can make proving liability more difficult.

If you didn't seek medical attention, a claim may still be possible, but the likelihood of success will depend on the circumstances of your case and the other evidence available.

What if I didn't get immediate medical help?

Maybe you didn't seek medical attention because:

  • You thought your injuries were not bad enough to trouble your GP.
  • You took some painkillers, rested for a few days, and waited to recover.
  • Your symptoms were delayed.

For some types of injury which may not seem obvious or life-threatening at the time, going to hospital may feel unjustifiable.

Whiplash is a good example of an injury where people often don't seek medical attention. Symptoms are not always immediately apparent.

If you did not seek medical advice immediately after the accident, it is never too late to do so.

Will I need a medical assessment as part of the claim process?

Yes. Once your solicitor has established that you are eligible to pursue a personal injury claim, your solicitor will arrange a medical assessment as part of the claim process.

A medical report will then be produced offering further evidence to support your claim. The report will also help establish the extent of your injuries, the impact your injuries have had on your life, and the right amount of compensation for your pain, suffering and loss of amenity.

Read more:

What happens during an injury claim medical examination?

Can my personal injury medical be carried out locally?

How else can I prove that I was injured?

If you have recovered from your injuries without seeking medical advice, proving causation will be difficult. It will also be harder to demonstrate the severity of your injury and the time it took to recover.

However, it is still possible to gather evidence to support your claim:

  • If you were involved in a road traffic accident there should be records. Police records, CCTV, witness accounts, or even an insurance claim for vehicle damage can help support your claim.
  • If the accident occurred in the workplace it should have been recorded in the company’s accident book.
  • Have you had to take time off work to allow your injury to heal or because you were unable to carry out your usual tasks due to the injury? Your employer’s records would be evidence that you were absent from your job on specific dates.
  • The local authority that maintains the area in which you were injured may have records.
  • Any witnesses to your accident – did anyone see you fall or help you to your feet? Would they provide a witness report?
  • Might there be a CCTV record of your accident? For example, you could check with shops and businesses if you had tripped in the street.

If you request any of the above information and are denied access, seek legal guidance immediately.

Even if you feel you have no substantial evidence to support a personal injury claim, we may still be able to help you make a claim.

See also:

Can I claim if an injury made a medical condition worse?

What happened?

Claiming compensation depends on the circumstances of your injury. Click the icons below for read more:

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Howard Willis, Personal injury solicitor

Howard Willis, Personal injury solicitor