If you have been in an accident and you don’t have any medical bills or no records of medical treatment it might be difficult to get a personal injury settlement.
When you file a personal injury case, the injured person, also known as the plaintiff, needs to establish two main things:
- Who was negligent, and
- The type of harm from the underlying accident
You need to prove how the defendant acted irrationally under the circumstances and because of this negligent action you suffer damages. If you don’t have medical bills or records proving you received medical treatment, it is probably because you did not suffer any injuries. If there are no injuries it is hard to file a personal injury claim.
To sum up, the general rule is that if you don’t have medical bills, or medical records, you didn’t suffer any injuries. You can only expect compensation for damaged or destroyed property.
Are They Exceptions To The Rule?
Yes, they are a few exceptions to this general rule. This means that you can still get a personal injury settlement without having any medical bills or treatments.
The first exception is a wrongful death case. If the plaintiff is killed by the other person’s negligence, the plaintiff’s estate can claim against the defendant despite the plaintiff did not incur in any medical bills.
The second exception is if you suffer a minor, but provable, injury as a result of the accident, but the injury didn’t need any medical treatment.
For instance, you cut yourself because you were cooking at a restaurant. You stop the bleeding and you went on cooking. You could have gone to the emergency room but you solved your problem. In this case, assuming you record your injury and you can prove you cut because the knife was defective, it is possible to settle a small personal injury case.
Finally, it is important to understand that it is very difficult to get a personal injury settlement and to find a personal injury lawyer to take your case without having received any medical treatment for injuries caused by the accident.
If you suffer an accident you need to remember to keep a record of all your injuries, medical bills and medical treatments to be able to receive fair compensation. Get into the habit of documenting everything so you can consult a personal injury lawyer to see if you have a case.