Can I take legal action?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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