How Does Gaps in Medical Affect Claims For Injury Compensation?


Following an accident, it is very common for victims to be confused. However, your number one priority after an accident should be seeking medical attention. Essentially, a doctor will conduct a series of tests to determine the extent of the injuries. In the same vein, you may be required to have follow-up visits that help document the recovery process. A proven consistency will significantly benefit you when it comes to safeguarding your right to compensation.

On the other hand, a ‘gap’ in treatment can harm your claim. Often, the gap provides an avenue for the insurance company or any other party to dispute or reject your claim entirely.

That said, here is a brief elucidation of how a gap in treatment may affect your personal injury claim in Minnesota and how a personal injury attorney may help you.

What’s a Gap in Treatment?

Generally speaking, a gap is a term often used by the insurance company to refer to a prolonged period between your dates of treatment. However, a gap may take two forms:

First, a gap denotes the period between when you were involved in an accident and when you first got your treatment for the injuries. For example, if you were involved in an accident in March, but did not go to see a doctor until November, then the period in-between constitutes a gap.

The second type of gap occurs when you see a physician immediately after treatment, but you fail to show up for the appointment as prescribed by the doctor. As such, skipping appointments is a ‘gap’ in treatment and may be used by the insurance company to devalue your injury claim.

How is a Gap in Treatment treated by an Insurance Company in Minnesota?

Following an accident, you are required to file a claim for compensation. After the claim is filed, the insurance company will seek to establish the validity of your claim to determine the amount of compensation you deserve. Often, the insurance company will be driven by their interests and will seek to reduce the amount of compensation you deserve. As such, a simple mistake or error may provide sufficient grounds to dispute or devalue your claim.

That said, the insurance company often looks for a gap in medical treatment. Gaps are considered evidence that your injuries are not as severe as you claim and are often used to demonstrate that your injuries were self-inflicted or that they may not have been incurred during the claimed personal injury incident.

For this reason, it is imperative to have a documented treatment plan. However, where there are disputes, you’ll need help from a competent and qualified attorney who will help safeguard your rights and interests during the claim process.

When is a gap in treatment considered legitimate?

Sometimes gaps in treatment are unavoidable. Despite various efforts, you may find it hard to avoid having gaps in your treatment plan. Often, the situations that make gaps inevitable are considered legitimate and thus would not be a basis for denying or devaluing your claim.

Some legitimate reasons for a gap in treatment include:

  • If you experienced an illness that prevented you from getting to the doctor
  • If you have had surgery

Noteworthy is that if you miss a treatment, it is imperative to communicate this to your personal injury attorney as soon as possible. Essentially, an attorney will help prevent a gap in treatment from being used to devalue your claim.

Need help? Contact a Personal Injury Attorney in Minnesota

If you or your loved one sustain an injury due to an accident and subsequently has a gap in treatment, it is vital to consult an attorney immediately. An attorney will safeguard your rights and ensure you obtain the amount of compensation you deserve.

Contact us today for a free case evaluation.