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How Does Medical Treatment Affect a Personal Injury Case?

January 5, 2023 | Category: Personal Injury | Share

Failing to seek medical treatment as soon as possible following an accident can be dangerous to accident victims’ health, put their lives in jeopardy, and may be costly in recovering the compensation to which they may be entitled in a personal injury case. Insurance adjusters may not believe the injuries are serious if they suspect accident victims are not serious when they do not seek medical attention following an accident.  

How Medical Treatment Affects Personal Injury CasesPhysicians have an impact on personal injury cases and are an important component of any personal injury claim. Physicians can substantiate injuries and prove any lifelong complications resulting from an accident.

Accurate Diagnoses

Receiving treatment for accident injuries is predicated on an accurate diagnosis. Different types of accidents result in different types of injuries, some of which may not immediately be apparent.   

Insurance adjusters have been known to question the severity of injuries if a physician spends more time diagnosing than treating. They get this information by reviewing medical bills and determining the diagnosis-to-treatment ratio. This can affect pain and suffering damages.

Treatment of Injuries

The type of treatment accident victims receive can affect their personal injury case. Well-regarded hospitals may be less likely to be challenged than less traditional facilities and forms of treatment, such as herbal treatments, etc.

The type and duration of treatment may also matter. For example, if a physician prescribes physical therapy, there may be a couple of options that include physical therapy within the physician’s office or hospital or seeking physical therapy from an independent therapist. Generally, the former would be ideal. The therapist working directly with the physician may make it clearer to an insurance adjuster that the medical team is working together.

Medical & Therapy Appointments

Accident victims must attend all appointments and follow through with their physicians’ orders. When accident victims fail to attend appointments, insurance adjusters will notice and assume the injuries are not as serious as the accident victims claimed.

When physicians order accident victims not to work, or suggest weight limits for lifting, etc. accident victims must follow these orders. Insurance adjusters watch accident victims’ activities following a personal injury claim. Some of the surveillance involves social media. Anything that is posted is in the public domain and should not include any deviations from a physician’s orders.

Record Keeping

Physicians and accident victims must keep thorough records of any and all medical treatment. Accident victims should inform their physicians that they are involved in a personal injury case. They should ask their physicians for copies of their medical records and keep all medical bills.

Medical Treatment Gaps

There should not be any gaps in medical treatment. A gap may occur between the time of an accident and the beginning of treatment, and a gap may also occur when an accident victim sees a physician after an accident but fails to return for several months. Some gaps may be unavoidable. However, if they could have been avoided, these gaps can devalue a personal injury claim.

Should you or a loved one be seriously injured in an accident because of the negligence of another, please contact Florida Personal Injury Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. at 239.337.7483, or toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com.

 

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