Insurance companies and defense attorneys are often critical of injured people who have received guidance or recommendations from their attorney as it relates to the management of their medical treatment following a car accident. This argument may have some value in front of a jury, but the reality is that there are several pitfalls in attempting to direct your own medical treatment following an accident. Here are five things to consider in obtaining medical treatment following a car accident.
Time is of the essence. One of the insurance company’s favorite arguments is “there is a gap in treatment.” In the real world this means nothing. However, the insurance company will make a huge deal about this following a car accident. Even a few days between the car accident and the first medical treatment can cause problems in litigation if the case proceeds that far. Many people will immediately call their primary care doctor.
They will most likely be turned down for an appointment outright because their doctor believes they cannot get paid by insurance if it is a car accident (which is not accurate). If you are able to secure an appointment it will probably be around two weeks before you can get in to see your doctor. Worst case scenario, when you finally get in to see your doctor you are only then informed that he or she will not be able to treat you because this is a car accident. Now you are at square one with a two-week gap in treatment and you still haven’t been seen by a doctor. This is incredibly damaging to your car accident case. Your attorney likely has a relationship with a number of medical doctors, chiropractors or physical therapists who will see you the same day.
Why Do So Many Give Up On Their Auto Accident Claim?
All Doctors are not created equal. Many people who go to a medical doctor will get a quick exam and a prescription for pain medication and/or muscle relaxants. They will be told to follow up in thirty days if they are still having problems. This sounds great except for the fact that pain medication does not resolve the issues – it only masks the pain. Additionally, many of my clients report that they can’t function day-to-day while taking medication. This forces them to suffer daily pain and discomfort until they get back to see their doctor. Many clients will give up on their case at this point believing moving forward is too much of a hassle. Your attorney can get you immediate treatment (in addition to medication) to help you on your way to healing, not just masking, the pain from your injuries.
How Do You Pay For Medical Treatment Following A Car Accident?
The attorney’s initial concern is (or it should be) getting you the treatment you need to get you back to the way you felt before your car accident. The second issue the attorney is considering is how to pay for your treatment in order to maximize your recovery. There are lots of considerations: should I use my health insurance?; Do I have medical payments coverage? Am I better using an attorney lien or should I wait for insurance approval?; Is the doctor I’m seeing the best doctor for me for the case? A good attorney will help you navigate these issues.
Yes, It Does Matter Which Doctor You See After A Car Accident
Many doctors can give you the medical treatment you need and effectively treat your injuries. However, not all doctors are familiar with the claims/litigation process. A well-meaning doctor may include offhand statements in your records which the insurance company will latch onto to reduce your recovery. These same doctors are usually hesitant to get involved in litigation if you are forced to file a lawsuit following your car accident. Your attorney can help you select quality doctors who will help you preserve your legal rights following a car accident.
What if I don’t have insurance or enough to pay for my treatment? Most attorneys can assist you in obtaining your medical treatment on a lien following a car accident. Assuming you have a strong enough case, your attorney will guarantee payment of your medical bills from the proceeds of the settlement of your case. They can also help you negotiate the amounts you will pay out to maximize your recovery. This is critical, especially in cases in which there is not enough insurance to go around.
Jones Wilson Injury Lawyers can assist you in obtaining the best medical treatment to recover from your injuries as well as recover from the negligent party who caused your car accident. Seeking an attorney early can protect your legal rights and give you the best outcome possible.
Have You Been Involved In A Henderson Or Las Vegas Car Accident?
If you’ve been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Henderson office directly at 702.405.6000 to schedule a free initial consultation.
