I’m often asked by accident victims what steps they should take after being injured to increase the likelihood of a favorable outcome in their personal injury claim. Here are the steps to take:
1. Seek medical attention promptly. Do not delay seeing a doctor. If you are injured, then you must get the proper medical care immediately. The longer you go without treatment, the stronger the argument made by the insurance claims adjuster that your injury is not that serious.
2. Don’t miss medical appointments. You’d be surprised how many clients we see who are truly injured, then miss a number of medical appointments. Yes, I understand that the occasional appointment may need to be rescheduled, but do not create a pattern of missing doctor or therapist appointments. If you do, the insurance adjuster will argue that you weren’t injured that bad, or that you are not motivated to get better. A jury can also become skeptical of your claim if you don’t bother to seek consistent care. Also, if you are going to miss an appointment, call the healthcare provider and explain why so it doesn’t look like you just forgot to show up.
3. Avoid gaps in treatment. If you stop treatment for a period of time and then start up again weeks or months later, this may cause damage to your legal claim. The insurance company will question the gap, and surmise that you stopped treatment because you recovered from your injuries. If you start up again, the carrier may assert that something else caused your ongoing complaints. A significant gap in care also impacts the credibility of your claim because it raises the possibility that your injuries were not that bad or that something else other than the accident caused your complaints.
4. Be careful about what you communicate to your healthcare provider. Your doctor or therapist is trained to record what you tell them in your chart. Your statements can then become a permanent record in your case. So innocent statements can be taken out of context and show up in your chart that might hurt your case. For instance, describing the accident as “not that bad” or “minor” can hurt your claim if the accident was serious and you were seriously injured.
5. Avoid too much palliative care. The term “palliative care” refers to treatment that may reduce or eliminate your symptoms for a short period of time, but does not cure them. Examples of this type of care can include chiropractic, massage, and acupuncture. The tendency for some people is to get a lot of this care because it feels good. But this can add thousands of dollars in treatment expense that may be disputed by the insurance company. There are exceptions, like when your PCP or medical doctor recommends the treatment on a continuing basis. But even then the claims representative may still dispute the treatment as unnecessary or excessive. If you plateau with certain treatment, it is time for you to discuss other treatment options that may provide more permanent relief.
6. See a specialist if necessary. If your injuries persist, you should consider seeing a specialist. The specialist will often be more knowledgeable about your specific injury, and offer treatment that has a better chance of resolving your problem. Plus, the specialist adds more credibility to your claim (i.e., more proof that your injuries are real and caused by the accident).
Now, even if you follow these 6 steps exactly, it may still not guarantee a successful outcome in your case. But I can tell you that it will increase the chances of a successful outcome considerably. Good luck.
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- How Liens May Affect Your Personal Injury Claim l Seattle Accident Attorney
- Do You Have Insurance Coverage for your Personal Injury Claim?
- What is my accident case or personal injury claim worth? l Seattle Accident Attorney
- Different Types of Injury Claims in the Field of Personal Injury Law l Seattle Accident Lawyer