Can I take legal action?

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Can I take legal action?

I was in an accident with my 2 children
ages 2 and 3. 5 days ago I did not seek
medical attention within 72 hours is it
too late for legal action?

Asked on April 19, 2018 under Personal Injury, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can still take legal action--that is, sue whomever you believe was responsible or at-fault for the accident--even if you did not seek prompt medical attention. There is no specific cut-off for when you must seek attention in order to be able to sue. It is possible that not seeking medical attention promptly may, however, hurt or weaken your case: it may make the injuries seem less serious; not having test results or notes made by a doctor immediately the accident may mean you have less evidence or proof of what happened to you; and it may make it seem like you were not really hurt (hurt people tend to seek medical attention) but are just trying to claim injury now to cash in on the accident. So while you are not barred from suing, bear in mind that your case may be weaker or harder to prove than it might have been otherwise.


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