A sudden accident—a slip on an icy sidewalk, a collision at a busy intersection, or an injury from a defective product—can instantly alter your life. In the aftermath, your first priority is your health. You see doctors, undergo tests, and receive a treatment plan designed to help you recover. But what many people in New York do not realize is that this medical journey is directly linked to their legal one. Following your doctor's advice is not just about getting better; it is a foundational element of a successful personal injury case.

When you file a personal injury lawsuit in New York, you are seeking compensation for harm caused by someone else's negligence. The insurance company for the at-fault party will scrutinize every detail of your case, looking for any reason to reduce or deny your claim. One of the most common and effective arguments they use is that you failed to follow medical advice. This article explains why adhering to your treatment plan is essential for both your physical recovery and your financial compensation in a New York personal injury lawsuit.

The Legal Foundation: New York's Duty to Mitigate Damages

In the world of tort law, there is a principle known as the duty to mitigate damages. This legal concept holds that a person who has been injured must take reasonable steps to prevent their injuries and losses from getting worse. You cannot simply let your condition deteriorate and then expect the at-fault party to pay for the full extent of that worsened condition. The law expects you to act responsibly to minimize the overall harm.

Think of it like this: if a pipe bursts in your home, you have a duty to turn off the water and call a plumber. You cannot let the water run for days, destroying your floors and furniture, and then expect your insurance to cover all the compounded damage that you could have easily prevented.

In a personal injury context, the most important way to mitigate your damages is to seek and follow medical treatment. By doing so, you are actively working to heal, which in turn reduces the long-term costs associated with your injury. When you ignore medical advice, a defense attorney can argue that you are responsible for at least part of your ongoing pain and suffering, as you did not take the reasonable steps available to get better. Such an argument can significantly reduce the value of your settlement or verdict.

How Failing to Follow Medical Advice Can Weaken Your New York Personal Injury Case

An insurance adjuster's or defense attorney's job is to protect their client's financial interests. When they see gaps in your medical treatment or evidence of non-compliance, they will use it to build a case against you. Here are the primary ways that failing to follow medical advice can damage your case.

It Undermines Your Credibility

The cornerstone of any personal injury claim is credibility. A judge or jury must believe that you were genuinely injured and that the pain and limitations you describe are real. When you skip physical therapy sessions, fail to fill a prescription for pain medication, or miss follow-up appointments with a specialist, you hand the defense team a powerful argument.

Their logic is simple and persuasive: “If the claimant were truly in as much pain as they say, wouldn't they do everything their doctor recommended to feel better?”

Every missed appointment or ignored instruction creates an entry in your medical records that suggests your injuries are not as severe as you claim. The defense will paint a picture of you as someone who is either exaggerating their symptoms for financial gain or is simply not committed to their own recovery. This narrative can be devastating to your case, making it much harder for your personal injury lawyer to convince an insurance company or a jury of the true extent of your suffering.

The Doctrine of Avoidable Consequences in New York Tort Law

Closely related to the duty to mitigate is the doctrine of avoidable consequences. This legal rule specifically states that a defendant is not liable for damages that the plaintiff could have reasonably avoided after the initial injury. It is a direct defense used to slash the compensation you might otherwise receive.

Here is a practical example:

• You are injured in a car accident, and a doctor diagnoses you with a herniated disc. The doctor prescribes eight weeks of physical therapy and orders you not to lift anything heavier than 10 pounds.
• You attend therapy for only three weeks and then stop going. A month later, you help a friend move a couch and experience a severe flare-up, requiring surgery.

In this scenario, the defense attorney will argue that the need for surgery was not a direct result of the car accident but rather an avoidable consequence of your own actions. They will contend that had you completed the full course of physical therapy and followed the lifting restrictions, your condition might have resolved without invasive procedures. As a result, they will argue they should not be responsible for the costs of the surgery, the extended recovery time, and the associated pain and suffering. They will claim responsibility only for the harm that would have occurred had you followed all medical directives.

It Creates a Causation Problem for Your Personal Injury Attorney

To win a personal injury case in New York, your lawyer must prove causation. This means establishing a clear and unbroken link between the defendant's negligent act and the injuries you have sustained. Every time you deviate from your prescribed medical treatment, you risk breaking that chain of causation.

When you fail to follow a doctor's orders, the defense can introduce an "intervening cause." They will argue that your current medical condition is not solely the result of the initial accident but is now caused, in part or in whole, by your own negligence in managing your health.

For instance, if a doctor tells you to wear a walking boot for six weeks to allow a fractured ankle to heal and you decide to stop wearing it after two weeks, any subsequent complications—such as improper healing or the need for corrective surgery—can be blamed on your non-compliance. The defense will argue that the defendant caused the initial fracture, but you caused the long-term complications. This muddies the waters and makes it much more difficult for your personal injury lawyer to prove the full value of your claim.

Practical Steps to Protect Your Health and Your NY Personal Injury Case

Understanding the legal doctrines is one thing; putting them into practice is another. Protecting your health and your legal rights after an accident involves being a proactive and diligent patient.

• Seek Immediate Medical Attention: After any accident, see a doctor as soon as possible. This creates a medical record that documents your injuries near the time of the incident, establishing a clear starting point for causation.
• Attend All Scheduled Appointments: This includes initial consultations, follow-up visits, physical therapy sessions, and appointments with specialists. If you must reschedule, call the office in advance and do so promptly. A pattern of cancellations and no-shows is a significant red flag for insurers.
• Follow Treatment Plans Exactly: Take all medications as prescribed for the full duration. Complete your physical therapy exercises at home. Adhere to any work or activity restrictions your doctor gives you. If you are told not to lift, bend, or stand for long periods, follow those instructions.
• Be Honest and Detailed With Your Doctors: Your medical records are a central piece of evidence. Communicate clearly and honestly with your healthcare providers about your pain levels, symptoms, and physical limitations. Do not exaggerate, but also do not downplay your symptoms. Consistency across your medical records is important.
• Keep Meticulous Records: Hold on to all appointment cards, pharmacy receipts, medical bills, and any other documentation related to your treatment. This paperwork helps your attorney calculate the economic damages portion of your claim.

When Can You Deviate From Medical Advice?

While the rule is to follow medical advice, there can be legitimate reasons for questioning or changing a treatment plan. Perhaps a prescribed medication has intolerable side effects, or you feel that a certain therapy is making your condition worse. Maybe you want to obtain a second opinion from another specialist.

These are valid concerns. However, the way you handle them is what matters. Do not simply stop treatment on your own. This is a critical mistake.

Instead, you must communicate. If you are having issues with a treatment, schedule an appointment with your doctor to discuss your concerns. Ask about alternative medications or therapies. Document this conversation. If you decide to seek a second opinion, that is a reasonable step that shows you are actively engaged in your recovery.

The most important step is to discuss any potential changes with your personal injury lawyer beforehand. Your lawyer can provide guidance on how to proceed without harming your case. They can help you document the reasons for seeking a different treatment path, ensuring that your actions are seen as responsible and proactive rather than negligent and non-compliant.

Don't Settle for Less: How a Personal Injury Lawyer Maximizes Your Compensation

Navigating the aftermath of an accident is challenging. You are focused on healing, but you also have to contend with insurance companies and legal complexities. A knowledgeable New York personal injury attorney serves as your advocate and guide through this process.

Your lawyer will:

• Explain Your Responsibilities: From the outset, they will emphasize the importance of following medical advice and explain how it impacts your case.
• Monitor Your Treatment: They will stay updated on your medical progress and use your records to build a strong claim for damages.
• Anticipate Defense Tactics: Experienced attorneys know that the "failure to mitigate" argument is a common defense. They will proactively gather the evidence needed to counter it, such as consistent medical records and expert testimony.
• Communicate With Insurers: They will handle all communications with the insurance company, ensuring that your words are not twisted and your actions are not misinterpreted.

By working closely with a dedicated injury attorney, you can focus on your recovery with the confidence that your legal rights are being protected every step of the way.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you have been injured in an accident in New York, protecting your claim starts from day one. Following your doctor's orders is one of the most powerful things you can do to support both your physical well-being and your legal case.

The legal team at Brandon J. Broderick, Attorney at Law, understands the tactics insurance companies use to devalue claims. We are here to help you navigate the complexities of your case, from managing your medical treatment to fighting for the full and fair compensation you deserve. Contact us today for a free, no-obligation consultation to learn how we can help you.