I haven’t seen a doctor or been to hospital. Can I still claim injury compensation?

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To give you the best possible chance of succeeding, your claim needs to be supported by the right kind of evidence that will enable you and your solicitor to prove liability and therefore obtain a settlement. Usually the injured person will go to hospital or a GP so that medical evidence is available, but what if you haven’t yet seen a doctor to report your injury and get treatment?

First, could you still go to your GP?

If your injury symptoms are ongoing, it is not too late to attend your GP to discuss your injuries and get things recorded on your medical records. It is important that you advise your GP about the cause of the injuries so that this is also recorded.

If you have recovered from your injuries, there may be little point in attending your GP surgery as there will be nothing for your GP to see or examine that will enable them to confirm your injury. However, you never know – underlying signs may still be present to the trained eye so it’s always best to get a professional opinion and pay a visit to the doctor.

If you don’t seek medical attention, the likelihood of success will depend on the circumstances of your case and other evidence.

Claiming if you haven’t had any medical treatment

If you have not had any medical treatment for your injuries, you can still make a claim for injury compensation. For obvious reasons, not having medical evidence to support your claim will make the prospect of succeeding a little harder, but not having had medical treatment doesn’t in itself stop you from claiming. There may well be other ways of proving that you were in the accident, and that the injuries you claim to have suffered from could reasonably be linked to it.

If the details of your accident have been reported to the right people, entered in to an accident book or – in the case of a road traffic accident compensation claim – to a car insurance provider, there will at least be some evidence for your solicitor to work with. If you haven’t done this already, don’t worry, we can help you claim even if there is no existing record.

In addition, you may have had to take time off work as a result of the injury, in which case your employer may be able to provide some kind of evidence in support of this. You could also collect witness testimonies from people present at the time of your accident. Remember, you have rights if you’re claiming for an injury at work and your employer should follow its responsibilities to facilitate your claim.

What if you’ve been self-medicating your injuries?

Rightly or wrongly, many people who have suffered an injury that could form a claim for personal injury compensation choose to self-medicate. This is where people opt to use pain relief purchased from a pharmacy, or get a partner or friend to apply ointments or massage, for example. In the case of injuries such as whiplash, most people realise that the best medicine is time and rest and often don’t go to their GP as they think that there isn’t much that their doctor can do. Whilst this isn’t completely true, as doctors can refer people to physiotherapy or other treatment providers, there is little a GP or doctor can do to alleviate many soft tissue injuries.

One of the real benefits of claiming injury compensation is that it can help you get access to the right kind of rehabilitation treatments and therefore may help you to recover more quickly. Even if you have not seen your GP or been to a hospital to get treatment for an injury, but have been self-medicating, we would advise that you still pursue your claim for injury compensation.

The role of medical records in personal injury claims

Medical records are used to support a claim as they prove the extent of an injury. They will describe the injuries that a person has presented to their GP or hospital after an accident. They will also confirm what medical treatment the injured party has required, whether they have recovered or if treatment is ongoing.

The contents of medical records enable a solicitor to form an evaluation of how much a claimant’s settlement for their injuries ought to be. They will also be used during the claims process for an assessment of the claimant’s injuries. To enable this, someone making a claim for personal injury compensation will provide their solicitor legal authority to access their medical records and provide the same to a specialist medical expert to use during any medical assessments made in the process of pursuing their claim.

Seek professional advice to see if you can claim successfully

Seeing a doctor or visiting a hospital at the earliest opportunity is always the best bet, regardless of making a claim for injury compensation. However, don’t let the fact that you haven’t had any medical treatment stop you from finding out if you can claim, call us on 01225 430285 or if you prefer, .

At Direct2Compensation, your enquiry will be met with a sympathetic ear and we can advise you how best to proceed. We are experts in handling claims and may well be able to get compensation for you, even if you have self-medicated or not seen a medical professional.

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Comments & Questions

Read on for questions and advice about claiming...

Whilst showering at the gym the glass cubicle wall and door exploded.
I have superficial injuries to arm and foot.
Gave a statement and two witnesses also for the accident book.
No need to go doctors.
Should i claim and can u still attend the gym if making a claim?

Ian Morris

Whether you should or shouldn’t claim is absolutely a personal decision. What we can say is that you have a right to make a claim and it would appear that in this case, you have valid grounds upon which to do so. Also, if you do pursue a claim against the gym and their insurance cover, you can continue to attend that gym if you wish to do so.

The staff within the gym would not know you were making a claim and the matter would be private between you/your Solicitor and the insurance and legal representative of the gym.

If you would like to find out more about your rights and how the claims process works, please call us on 01225430285 (or request a call via our website). We offer a no win no fee service so you can pursue a claim without the risk of having to pay costs if you don’t succeed. There is no obligation to pursue the claim and no pressure from us, but we’re more than happy to help you.

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I am trying to close my claim, my left hand has been crushed at work due to someone else’s fault, some fractures in my hand, liability has been admitted, but the main issue is that the medical examination will happen after 9 months, to expect a full recovery. Can I still settle the claim at this point for less, let’s say 5 figures, or should I wait until I get examined by a medical expert and get his report to claim more?

Ian Morris

Your desire to close the claim now is understandable, but in reality it would not be in your best interests to do so.

Given the severity of injury it is likely that a medical experts report will be in your favour and will lead to a more appropriate and fair settlement value. If you are in need of finances and that is your motivation to close the case, you may wish to discuss a potential interim settlement with your Solicitor to cover your current financial liabilities whilst they continue to pursue the claim to final settlement.

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I sprained my ankle just over a week ago at work, in a forklift accident. I have had to take 6 days off work and I don’t think they will pay me. I didn’t see a Doctor for the sprained ankle as I knew it needed rest. The workplace has cameras that can see me trying to get back inside but they didn’t see the accident happen though. I stepped into a pot hole in the car park. Do you think it’s possible to claim? I am only considering claiming if they don’t pay me. I’ve put it into the accident book and got a photo of how bad my foot swelled.

Ian Morris

You can certainly make a claim if you wish to do so. The key thing here is to ensure that photographs of the pothole are taken (showing measurements of the depth and width) BEFORE it is repaired. It is good that you have reported the incident in the accident book and obtaining measured photographs will ensure that you have the right evidence in place to support your claim should you go on to make one in due course.

Daniel

Thanks Ian. I’ll see if he does the right thing and pay me Friday. If not I’ll probably move forward with this.

Ian Morris

That’s a sensible approach. Just remember that you have 3 years to make a claim. The key thing at this stage is to just make sure everything is on record (accident book, documenting the injury and taking photos of the pothole!) so that you can then make a claim if you feel that your employer has left you no choice.

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I have suffered a minor cut from a lack of PPE cleaning a oil filter. I bandage myself and am unsure of wanting to take any further injuries from not having proper PPE.

Ian Morris

Employers have a legal obligation to ensure that all staff are provided with the appropriate PPE for the work that they are required to do. This is to ensure that the risk of injury for the work that they are required to undertake is minimised. If you are concerned that your employer has failed to provide the correct PPE, you need to advise of them of your concern in writing and request the items that you need.

If your employer fails to do this and you then sustain injury at work, you would be able to pursue a claim against them for compensation.

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Hi I hit a pothole Sept 2020, sustained damage to car and whiplash. Council admitted liability and paid out for car damage. I did not go to GP or hospital as was in middle of lockdown and knew GP wouldn’t be able to do anything about whiplash. Year on I’m still suffering and went to see physio at surgery and they said do exercises and use a tennis ball and other than that nothing else they could do. Claims company refusing to pay out as lack of evidence as no medical evidence until after a year. What can I do?

Ian Morris

Although liability for the damage to your car has been admitted, that does not mean that liability is also accepted for personal injury. Whist the defendant has acknowledged that the pothole did damage your car, they may be of the view that the incident would be consistent with sustaining a personal injury such as whiplash. Notwithstanding your anxiety and the reasoning for not attending a GP or going to Hospital, as you don’t have medical evidence available you are in a difficult position as you cannot prove that you were injured or that any symptoms you have now can be linked to the incident.

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Hi I have video evidence of an accident that happened to me whilst travelling on a scotrail train. I stupidly did not seek medical attention at the time but have ongoing neck and head pain can I still make a claim against the company?

Ian Morris

The fact that you have self-medicated or not sought medical treatment should not prevent you from pursuing a claim. Whilst obtaining medical treatment is helpful in a claim for personal injury compensation, there are other ways of evidencing an incident and as you appear to have some video footage to substantiate any claim, it would seem that you do have evidence available to support a claim.

Please email the footage to us along with a brief description of the incident, your injuries and contact details to justice@direct2compensation.co.uk We can then review this and contact you to advise further and help you pursue your claim for compensation.

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I had a car accident where I sustained a couple injuries (back and neck)but did not attend hospital as I didn’t think I needed to go. The injuries are presenting more and more each day. I have an appointment to see my gp a week later and it will obviously be logged on my records. Could I still make a claim for compensation?

Ian Morris

The fact that you didn’t attend a GP or Hospital immediately will not impact on your claim. When a claimant has suffered soft tissue injuries in a road traffic accident, it is often the case that there is no immediate severe symptoms of injury, yet the symptoms of muscle spasm, ligament strain and bruising come out over the following 48-72 hours post accident and the fact that you have seen your GP a week later will be consistent with that.

If your accident was before 1st June 2021, we can help you to claim compensation for your injuries and losses. If the accident was from the 1st June 2021 onwards, it is unlikely that you will have sufficiently severe injury value (due to the recent changes in road traffic soft tissue injury compensation legislation) and you’ll have to claim directly via the Insurers claimant portal, which will see you receive vastly reduced compensation.

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I was in a car accident last February where a lorry and my friends car collided. The impact was on my side of the door, and the car was written off. I did not consult with the gp at the time as I did not want to get my friend in trouble. Would I still be able to make a claim?

Ian Morris

Although for the purposes of making a claim for personal injury compensation it would have been beneficial if you had attended Hospital, you can still pursue your claim as you have up to 3 years from the date of the accident in which you can make a claim.

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My sister was in a car accident and suffers from epilepsy. She suffered a seizure once we got home from the accident but she hadn’t had any medical advice or didn’t attend any hospitals or GP. Could she claim from the accident?

Ian Morris

The fact that your Sister didn’t attend a Hospital or see a GP won’t prevent her from making a claim. If there were no associated physical injuries from the car accident – such as whiplash, there would probably be no prospect of succeeding with a claim for the epileptic incident as there would be insufficient value if that were the case.

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I fell in a rented apartment but haven’t been to doctor for x-ray, but I still have pain.

Ian Morris

Have you reported your fall – and the reason for the fall – to the management company or owner of the property in which you fell? If not, make sure you do so in writing at the earliest opportunity. In terms of your injuries, if you are still suffering, you should contact your GP or attend an urgent care setting for diagnosis and help.

If your fall can be attributed to negligence on the part of the property owners/management company – that could be a slip hazard, some disrepair or dangerous item within the property, you would have a right to make a claim for compensation. Please call us on 01225430285 if you wish to discuss this further and obtain specialist advice.

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I had a car accident some months ago a car went into the drivers side of my car in which I did slightly hurt my neck and shoulder suffered back ache . I just took over counter medication I didn’t go to doctors as it was lock down at the time good Friday no surgery’s we’re open due only for emergency’s only at the time. I had a mobile doctor called me to examine my injury I did have shoulder problem, the accident aggravated it. I’m worried there think it’s a pre existing problem and I won’t have a claim as they want my medical record from my gp not the mobile video link doctor.

Ian Morris

The pre-existing injury should not prevent you from pursuing a claim and the reasons you cite for not having attended your GP or Hospital at the time of the incident are fair and reasonable.

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My daughter had an accident with me in the car. They crashed into the back wheel and it lifted the car a little and pushed it to the left. The other car then drove off, but we got their registration. However, the other car is now there saying that there was no accident! I was injured but couldn’t go to Doctors, but they’re saying that there’s no damage to the car or no witnesses. What can we do?

Ian Morris

If there is no damage to your vehicle and no witnesses/dash camera footage, it is likely to be impossible to succeed with a claim for personal injury compensation. In this case, the lack of Doctor attendance is not a problem, but the defendant insurers will simply maintain that there has been no collision. As you cannot provide evidence of damage to your vehicle and no evidence to prove that the other car was damaged, there is little you can do.

Have you spoken to the Police about this incident?

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I tripped over a stepping stone slab (Path) in the garden of an Air BnB property that I was staying at last week for a trip away. The slab doesn’t sit flush with the level of the ground and the grass was over grown which disguised the depth of the slab. The fall was so bad that I came crashing down and sprained my ankle so bad that the tendon was popping out which resulted in me not being able to put any weight on it for over 24 hours. I didn’t go to the hospital (although was sure I needed to) as my partner had said that he had done the same thing to his own ankle years before and the hospital advised the only thing that can be done for this injury is rest! After 24 hours had passed I was able to hobble about so believed that rest was clearly the best thing for it. It is improving each day but it is still a little swollen and the large bruise is still evident. It is still sore to move and clicks when I try moving in circles so A little concerned that there may now be long term damage. There was no accident book as it was at an air bnb private property and I didn’t report it at the time but we did mention it to the host on the check out day to which he mentioned he had seen me on crutches… I have also reported it to air bnb yesterday on my review.

Ian Morris

Did you obtain any photographs of the raised slab that caused you to sustain injury? If so, can you email that to us at justice@direct2compensation.co.uk so that we can further advise you as to a potential claim for compensation.

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Had a accident few months ago while stationary a vehicle reversed into me. I have only just started a claim for personal injury. Do I have to sign a medical consent form if I did not visit my GP and self medicated with over the counter pain relief? I don’t wish to disclose all my medical history to solicitors, they will have access to it once I’ve signed. Where do I stand with this?

Ian Morris

You will need to disclose your medical notes for the simple purpose of proving that you were not already suffering from the injury you are attempting to claim for. If you are claiming for a neck injury, but your medical notes show that you have been undergoing treatment for a neck injury for the past few years or months, the defendant wouldn’t be liable for the full extent of your injuries. However, if you hadn’t already had such treatment and no record of any such injury, you could hold the defendant fully liable.

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Hi,
The ceiling in a sunbed shop collapsed while I was in a sunbed. The event was recorded in a book in the shop. I have no medical records as I did not go to the doctors about this as it was a minor injury and more stress-related.

They have offered me a small first offer. I have been advised that if I did not want to accept the first offer then they would need to look into medical records but of course, I have none and I have already told them that.

If I say no to the first offer and they “look into medical records” could they then take back the first offer?

Ian Morris

If you have not been to the Doctors, that should not be a problem or prevent you from making a claim – so long as you haven’t stated that you have had medical treatment. If you do feel that the initial offer is too low and doesn’t adequately compensate you, you could try to reach an agreement with them – perhaps including an element of damages for some counselling or perhaps agree to undergo a medical assessment as that could see them agree to an increased settlement.

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Hi I was involved in a crash on Wednesday. The guy went into the back of my sister car. We’re both suffering with whiplash symptoms plus my thumb Achilles are hurting. My sister is same but it’s her arm . We haven’t had medical treatment and can’t see doctor, we’ve reported it to police and insurance company were do we stand to make a claim ? Do we need medical treatment or would we have enough evidence to proceed without?

Ian Morris

The current situation ris making access to non-urgent health care harder and many people injured in accidents will have to carefully consider whether their symptoms require Hospital or GP treatment. Of course, it is always ‘better’ if an injury or injuries are noted by and treated by a medical professional, but in the circumstances you describe, the lack of medical attention at this stage is not a problem. You could consider calling NHS 111 to discuss your pain and see what they recommend. Alternatively, you can request a telephone consultation with your GP. Again, we would recommend doing so if possible.

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I had a burn on my forearm due to my head chef walking past me with a hot pan. I put it under cold water and was fine, then it oozed, now it has scarred. I didn’t seek medical advice as I didn’t think it was that bad, can I claim compensation?

Ian Morris

You can pursue a burn injury claim without having had medical attention. Of course, it is always easier if medical records can substantiate an injury, but it doesn’t prevent a claim from proceeding if no such records exist.

In your situation, did you report the accident at work? Was it recorded in an accident book or witnessed by any other colleagues?

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I work in a large distribution centre where I drive small and large forklift trucks. Last night at 3am, a colleague drove his forklift truck into my parked forklift truck. It jolted me forwards quite hard and I have now got pain in my lower back and shoulder blades. I reported it as the lower back pain was instant and the accident was logged. CCTV cameras showing my version of events to be correct.

I have not been to hospital or the doctor yet. I have messaged my manager to tell him that I feel stiffer waking up this morning than on leaving work last night. He told me to do some stretches and have a walk and that I should be fine! What should I do? I’m not in agony but in a bit of pain.

Ian Morris

Obviously, only you know whether or not you are fit to work and whilst your Manager may have appeared to be asking you to work, you could view it that they were just being optimistic and hoping that you could attend. If you can’t work, take a few days off and rest in the hope that you soon recover. However, if you are able to work without worsening the injury then do so.

Given your description of the forklift accident in which you were injured we feel that you have a very good claim for personal injury compensation. It would appear that you have sustained soft tissue injuries akin to whiplash, commonly associated with vehicle collisions and we would be very happy to help you make a claim against the employers insurance for the pain and discomfort caused to you by the injuries you have sustained. If you do go to work, it won’t prevent you from making a claim. However, if you can’t work or you lose income as a result of the injuries, that would be recovered on top of injury compensation by our Solicitors during the claims process.

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I was involved in a accident a few days ago where a van tried to over take me and had to swerve to avoid a head on collision with a car coming the opposite way, which resulted in him swerving into me and hitting the side of my car. He then attempted to flee the scene. I’ve since had discomfort and stiffness across the back on the neck and spine. I’ve not seeked medical help and been self medicating, would i still be able to make an injury claim through my insurers?

Ian Morris

The lack of medical treatment at this stage would have no real impact on the outcome of any claim and your reasons for not having attended A&E or your GP surgery are completely understandable. However, it would be a wise move to make a telephone appointment with a GP to discuss your accident and your symptoms caused by the collision. This way a GP can note that you have reported injuries – which could provide important medical evidence at a later stage – and also prescribe you sufficiently strong pain relief to collect from a pharmacy.

You can certainly pursue a claim for compensation for the injuries caused to you in this accident. Whilst you could choose to use the legal firm that your insurers contract to act for their clients, you also have a right to seek specialist independent representation at no ‘extra’ cost than if you instructed the insurers Solicitors to act for you.

Our Solicitors would be very happy to pursue your claim on a No Win No Fee basis. They are experts in their field and will ensure that your injuries are fully appreciated and understood and that your claim is given the best chance of success with the maximum possible settlement obtained for you.

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I have been burnt on my foot from a man hole at work I walked over and smoke from the underneath scolded my foot. I now have a burn mark. I reported this as an incident at work but didn’t seek medical advice. I have taken the necessary pictures . Would I be able to claim compensation as these manholes shouldn’t have big holes at the side with steam coming out of them! I didn’t need time off work but my leg is currently burnt.

Ian Morris

There should not be the risk of burn injuries from steam coming through the floor in any workplace – certainly not without the employer providing specific personal protective equipment.

We would like to further investigate this incident for you with a view to helping you make a burn injury at work claim.

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