Imagine you are on your way to the grocery store, the sun is shining, your favorite song is playing on the radio, it is a great day. All of the sudden as you are driving through an intersection you are t-boned by a negligent driver who was not paying attention to the road. Among the crashed cars and the chaos a burden of responsibilities have now fallen upon you. You have to make sure everyone is safe, figure out what to do with your car, create an insurance claim, and manage your injuries, all while continuing with your daily routines. These sudden responsibilities can be overwhelming and leave you to wonder what you should do next.
It is completely normal to not know where to start after you have been in an accident, and several important steps you need to take can often be forgotten amidst the chaos of the following days. One thing that should not be lost in the shuffle is your recovery. Medical treatment is far from just being a step towards your personal recovery, it is also the foundation of your personal injury case. Your medical treatment and how well you follow your recommended treatment plan is pivotal in the success of your personal injury claim, but why is it so important to maintain consistent medical care?
The Foundation of Your Case
When it comes to a personal injury case there are two main things that an insurance company will look at when evaluating your case, medical records and property damage. Your medical treatment and the severity of your injuries can often be linked to the damage that your car received. This means an insurance company will turn to medical records to understand the severity of your injuries.
Medical records are tangible evidence of your injuries and include: the treatments prescribed, and the impact that these injuries have had on your life. From the moment that you were injured, every doctor’s visit, treatment session, and medical test helps add to a narrative that demonstrates the severity and the repercussions of your injuries. Medical records are an objective form of evidence and this makes them powerful in proving that your injuries are real and validating your claim for the insurance company.
An Insurance Company’s Perspective
An insurance company does not want to pay you any money for your injuries. Insurance companies make money by pooling all of the money that they receive from their customers and investing it, and they make more money the longer that they do not have to pay for your injuries. An insurance company will work to minimize your claim to the best of their ability, and one of their many strategies they use to minimize a claim is scrutinizing your medical records.
An insurer will review these records in great detail trying their best to look for any inconsistencies or gaps in treatment hoping to find any flaws that may show that your injuries are not as dire as you have claimed. Insurers will specifically look for any delays in seeking medical attention after your accident as well as any inconsistencies in following through with your treatment plans. Insurer’s will interpret these as an indication that your injuries are not as intense as you have claimed. Consistently attending your treatment can help mitigate these issues, as it shows commitment to your recovery validating that you are as hurt as you may claim.
Gaps in Treatment: A Risk to Your Claim
We have discussed gaps in treatment above, but what exactly qualifies as a gap in treatment? A gap in treatment is any significant period of time in which you did not receive or seek medical care for your injuries, without a justifiable reason. These pauses can undermine your claim, and can be seen as an insurance adjuster to argue that your injuries were not serious enough to require continuous treatment, or that you had contributed to the severity of your injuries by not following through with your doctor’s medical advice. These in tandem can result in reduced compensation for your injuries or, in some cases, a complete denial of your injury claim.
Consistency is Key
To help counteract one of the insurance company’s most common tactics, it is essential that you follow through with all recommended medical treatments and attend all scheduled appointments. If a medical professional suggests that you attend follow-up visits, physical therapy, or any other form of treatment, follow this advice as it is not just critical for your physical recovery but for your legal claim as well. As personal injury lawyers we understand that it can be difficult to attend all of your appointments, especially with the businesses of everyday life, but it is absolutely crucial for the best outcome of your case.
Communicate With Your Legal Team
In a personal injury claim, open communication with your personal injury attorney is critical for your case. Make sure that you are completely transparent with them, as your accident injury lawyer will be able to give you expert guidance on how you can handle your medical care to ensure that your actions strengthen your case. Always tell your attorney if there was a gap in your treatment as well. Your attorneys will be able to try and fix your case and fight an insurance company on the validity of your injuries. Your personal injury attorney will also help in obtaining and organizing your medical records to help present the strongest possible case on your behalf.
The primary goal of your personal injury case is to ensure that you are made whole for the losses you suffered physically, emotionally, and financially. The primary goal of your medical treatment is to aid in your recovery, but its role in the context of a personal injury case cannot be overstated. It cannot be said enough that consistent medical treatment establishes the seriousness of your injuries, counters the insurance company’s attempts to undermine your claim, and can significantly enhance your chances of securing the compensation that you rightfully deserve.
If you or someone you know has been injured contact the best personal injury lawyers in Salt Lake City at LifeLaw Personal Injury. Our team of the best accident lawyers will fight tirelessly to make sure that your injury claim is treated with the utmost importance, and that the insurance companies do not minimize the pain and suffering you have dealt with. For a free consultation and to discuss your options call us today! 801-206-4002.