Why It’s Important to Follow Doctor’s Orders After a Virginia Car Accident

The screech of tires, the jolt of impact—a car accident is a violent, disorienting event. In the moments and days that follow, your mind races with concerns about your vehicle, insurance claims, and getting back to your normal life. Amid this chaos, it is common to downplay your own physical condition and ignore new doctor’s orders. You might feel sore but assume it will pass. You get doctor’s orders but feel that their recommended follow-up care is an inconvenience you cannot afford to schedule.

The Immediate Aftermath: Why Seeking Prompt Medical Care Is Non-Negotiable

After a collision, adrenaline can mask the symptoms of significant injuries. What seems like minor stiffness could be the beginning of a serious soft tissue injury like whiplash. A slight headache could indicate a concussion or a more severe traumatic brain injury (TBI). For these reasons, it is always wise to be evaluated by a medical professional as soon as possible after a crash.

Seeking immediate medical attention and f0llowing doctor’s orders accomplishes two key objectives:

• It prioritizes your well-being. A doctor can identify injuries that are not yet obvious, begin a course of treatment to prevent them from worsening, and provide a roadmap for your recovery.
• It creates a legal record. An emergency room visit or a trip to an urgent care clinic on the day of the accident creates an official record that links your injuries directly to the collision. This initial medical report becomes a cornerstone piece of evidence in any subsequent personal injury claim.

Delaying this first medical visit gives an insurance company an opening to argue that your injuries were not caused by the accident but by some other event that occurred in the intervening days.

How Does Disregarding Doctor’s Orders Affect a Virginia Car Accident Claim?

Once you have received an initial diagnosis and treatment plan, following through is just as important as the first visit. When an injured person fails to follow a doctor’s recommendations, it can weaken their personal injury case in several critical ways. The insurance adjuster for the at-fault driver will scrutinize your medical history, looking for any reason to devalue or deny your claim.

Here is how non-compliance can be used against you:

• It raises questions about causation. If you wait weeks to see a specialist or fail to attend physical therapy, the insurer will argue that the accident did not cause the full extent of your injuries. They will suggest that your condition worsened for other reasons or that the injury was not as severe as you now claim.
• It damages your credibility. A jury may perceive a failure to follow medical orders as a sign that you were not truly in as much pain as you professed. If you were not taking your recovery seriously, they may question the legitimacy of your entire claim for damages.
• It supports a “failure to mitigate” defense. Virginia law expects injured parties to take reasonable steps to minimize their injuries and losses. This is known as the duty to mitigate damages. By ignoring a doctor’s advice, you give the defense a powerful argument that your own inaction is responsible for your prolonged pain and suffering, not their client’s negligence.

What Does “Following Your Doctor’s Orders” Mean in Practice?

Adhering to a medical treatment plan involves more than just showing up for one appointment. It requires active participation in your own recovery. An insurance adjuster will look for consistent, uninterrupted compliance with all aspects of your care.

A complete treatment plan may include:

• Attending all scheduled appointments. This includes initial consultations, follow-up visits with your primary physician, and appointments with any specialists.
• Seeing recommended specialists. If your doctor refers you to an orthopedist for a fracture or a neurologist for post-concussion symptoms, it is vital that you schedule and attend that appointment promptly.
• Completing all physical therapy sessions. A common mistake is for a person to stop attending physical therapy once they start feeling slightly better. It is important to complete the entire prescribed course to achieve maximum medical improvement.
• Filling and taking all prescribed medications. Keep records and receipts for any pain relievers, muscle relaxants, or other medications your doctor prescribes.
• Using prescribed medical equipment. This could include a neck brace, crutches, a sling, or other devices intended to aid your recovery.
• Adhering to activity restrictions. If your doctor advises you to take time off work or to avoid strenuous activities like lifting or exercising, you must follow these instructions. Contradictory activity, such as a physically demanding vacation documented on social media, can be devastating to a claim.

The Legal Principle: Mitigation of Damages in Virginia

The concept of “mitigation of damages” is a long-standing principle in Virginia law. It essentially states that a person who has been injured cannot recover damages for harm that they could have reasonably avoided.

Imagine a scenario where a driver suffers a back injury in a collision. Their doctor prescribes six weeks of physical therapy. The patient attends for two weeks, feels a bit better, and decides to stop going. Months later, their back pain returns with greater intensity, eventually requiring a more invasive and expensive procedure.

The at-fault driver’s insurance company will argue that they are not responsible for the costs of the more expensive procedure because the patient’s failure to complete the initial, less-invasive physical therapy contributed to the worsening condition. They will contend that the patient did not act reasonably to minimize their harm. This defense can significantly reduce the value of a settlement or a court award.

Common Insurance Company Arguments Related to Medical Treatment Gaps

Insurance adjusters are trained to identify inconsistencies in medical treatment. Their goal is to pay out as little as possible, and any gap or deviation in your care becomes a negotiation tactic.

Be prepared for arguments such as:

• “The gap in treatment shows you were not really hurt.” If you wait a month between seeing your primary care physician and a specialist, the adjuster will claim the delay proves your injury was not serious.
• “You received too much treatment.” In other cases, an adjuster may argue that your doctor’s plan was excessive. They might claim you underwent unnecessary tests or attended more therapy sessions than were medically required for your type of injury.
• “Your injury is related to a pre-existing condition.” If you had a prior back issue, the insurer will likely try to attribute all of your current pain to that old injury, ignoring how the accident aggravated it.

An experienced personal injury attorney knows how to counter these tactics with medical evidence, expert testimony, and a clear narrative of your recovery journey.

What If the Car Accident Made a Pre-existing Condition Worse?

This is a common concern for many people injured in car accidents. Many adults have some level of degenerative disc disease or a history of a minor injury. In Virginia, the law follows the “eggshell plaintiff” rule. This principle holds that a defendant takes the victim as they find them.

This means that if the victim had a pre-existing condition that made them more susceptible to injury, the at-fault driver is still responsible for all the harm that results from the aggravation of that condition. For example, if a person with mild, manageable arthritis is involved in a collision that causes it to become severely painful and debilitating, the at-fault party is liable for the full extent of that worsened condition.

Following your doctor’s orders is especially important in these cases. Your medical records will need to clearly distinguish between your baseline condition before the accident and the new level of pain and limitation you experienced after the collision.

What Medical Records Are Important for a Car Accident Claim?

Thorough documentation is the backbone of a strong personal injury claim. Your attorney will work to gather a complete file of your medical journey to prove the extent of your injuries and the necessity of your treatment.

Key documents include:

• Ambulance and paramedic reports
• Emergency room admission and discharge papers
• Notes from your primary care physician
• Reports and records from all specialists (e.g., orthopedic surgeons, neurologists)
• Results from diagnostic imaging, such as X-rays, MRIs, and CT scans
• Physical therapy notes and attendance logs
• Receipts for all prescription medications and medical devices
• A detailed record of all medical bills and out-of-pocket expenses

This collection of evidence tells the full story of your injury, from the moment of impact through your entire course of recovery.

Navigating Your Recovery and Legal Claim with Confidence

The period after a car accident is challenging. You are focused on healing, but you are also faced with mounting medical bills, lost wages, and the stress of dealing with insurance companies. Complying with your medical treatment plan is the single most important thing you can do for your health and for the strength of your legal claim. It demonstrates that you are taking your recovery seriously and removes a primary line of attack used by insurance adjusters to minimize your settlement.

A knowledgeable car accident attorney plays a key part in this process. They can manage communication with the insurance companies, gather the necessary medical evidence to build your case, and allow you to focus your energy on what matters most: getting better. An attorney can help frame the medical narrative, ensuring that the full impact of the collision on your life is properly documented and presented.

Charting Your New Course with Olmstead & Olmstead

The legal landscape surrounding car accident claims in Virginia requires a careful and knowledgeable approach. At Olmstead & Olmstead, our attorneys are dedicated to assisting clients through these complex and personal transitions, ensuring their rights are protected while seeking practical and respectful solutions. We have the experience to address the sophisticated matters that arise in personal injury cases and can assist you in developing a strategy to achieve a fair outcome. We appreciate that an injury carries significant physical, emotional, and financial weight.

If you or a loved one has been injured in a Virginia car accident and you have questions about your rights and the claims process, we invite you to contact us. Our team can provide the guidance you need to navigate the law and work toward a resolution that safeguards your future.

Please contact us at 703-361-1555 to schedule a consultation.