In this video Groton Connecticut car accident attorney Peter Bartinik Jr. describes the lapse in treatment defense. The lapse in treatment defense is common defense used by insurance companies in car crash cases in Connecticut. When using this defense, the insurance company lawyer will argue that you are not injured based on the fact that there is a large amount of time between your medical visits. The theory is that unless you are going to a doctor regularly, then you are not really injured, or a less injures than you say you are.
For example, in a car accident case recently heard in the Superior Court in New London, Connecticut, the defense lawyer said that the insurance adjuster would not pay the demanded sum because the adjuster believes that thirteen months passed between medical visits. In this case, while the plaintiff did not have medical appointments with his doctor during this time period, he was in contact with his doctor, and had continued to perform physical therapy on his own at his home upon the advice of his physical therapist.
If you or anyone you know has questions about a car accident claim or any personal injury claim contact The Bartinik Law Firm at 860-445-8521. We are glad to answer your questions.