In claims for damages for personal injuries it is the plaintiff (the injured person) who bears the burden of proving what injuries and disabilities he/she has suffered and the causal connection between those injuries and disabilities and the subject accident.

Thus in a situation where a plaintiff who claims damages for pain symptoms allegedly arising from an accident but who hasn’t sought medical treatment for some time or at all it is little wonder that the Court regards such claim with considerable scepticism.

It can reasonably be anticipated that any explanation put forward by a Plaintiff for not seeking medical treatment for pain symptoms allegedly arising from an accident because of a belief that a doctor could not help in the relief of such pain will not be well regarded by a judge.

After any accident in which injuries have been sustained even of a seemingly minor nature a medical examination and assessment should be undergone by an injured person as soon

Related Havilah Legal service(s): Personal Injury