Importance of Proper Medical Treatment in a Personal Injury Claim
Proper medical treatment is one of the most critical factors in a personal injury claim. Without accurate, professional medical documentation, it becomes challenging to build a strong case or secure the insurance compensation needed to cover injury-related expenses.
Why Comprehensive Medical Care Matters for Your Personal Injury Claim
Personal injury claims require detailed, well-documented medical records to prove both the extent of your injuries and the connection to the accident. A skilled personal injury attorney will monitor your medical care, ensuring it’s sufficiently documented for insurance adjusters or, if necessary, for a jury in court.
In every case, it’s crucial to show that the car accident caused your injuries. Sometimes, proving causation is straightforward, like when a severe injury occurs on the spot. Other times, such as in cases involving pre-existing conditions, demonstrating causation requires a deeper medical investigation. Working with experienced medical experts who understand injury causation can strengthen your case significantly.
The Benefits of a Multi-Disciplinary Medical Approach
A multi-disciplinary approach to injury treatment can provide better care and validate your claim with insurance adjusters. For instance, after a car accident, an ER doctor might diagnose a back strain, and a family doctor might confirm it. Physical therapy or chiropractic care may follow. When multiple medical professionals agree on a diagnosis, it becomes more challenging for insurance adjusters to dispute the injury’s severity and cause.
Avoiding Medical Over-Treatment in Personal Injury Cases
While consistent medical treatment is vital, over-treatment can harm a personal injury case. Over-treatment happens when a medical provider continues treatment without seeing improvement or treats beyond the point of maximum medical improvement (MMI), where further treatment offers no additional benefit. In such cases, insurance adjusters may consider the treatment unnecessary and devalue those costs.
Over-treatment issues are common with physical therapy, chiropractic care, and other similar treatments, especially when treatment is provided on a lien. Below is an example to illustrate how over-treatment affects a final settlement.
Case Example: How Over-Treatment Impacts Your Settlement
Accident Details: Rear-end collision injury.
| Type of Medical Care | Cost |
|---|---|
| Ambulance ride | $650 |
| Emergency room visit | $1,100 |
| Chiropractic care | $6,300 |
| Total Medical Bills | $8,050 |
| Insurance Settlement Offer | $10,000 |
In this example, the best settlement offer was $10,000 because the insurance adjuster discounted approximately $3,000 in chiropractic bills, labeling them as “palliative” or unnecessary. An internal medical review determined the injured party reached MMI at $3,300 in chiropractic costs.
| Final Settlement Breakdown | Amount |
|---|---|
| Total Settlement | $10,000 |
| Attorney Fees (1/3 contingency) | $3,300 |
| Cost Reimbursement | $110 |
| Net Settlement to Client | $6,590 |
| Less Unpaid Medical Bills | |
| Unpaid Chiropractic Lien | $5,050 |
| Final Settlement to Client | $1,540 |
Due to over-treatment, the final amount to the client was significantly reduced. Over-treatment can lead to situations where clients owe more in medical bills than they receive in settlement. In these cases, attorneys often negotiate with medical providers to reduce their bills, but this could have been avoided with earlier communication.
A good personal injury attorney will monitor for over-treatment and guide clients on its potential impact on their claim.
Keep Your Car Accident Case Viable with Experienced Legal Representation
Utah car accident cases can take anywhere from a few months to several years to resolve. Choosing an experienced personal injury attorney ensures your case is properly documented and that insurance companies fully understand your injuries.
For reliable legal guidance, call personal injury attorney Jacob S. Gunter today at (801) 373-6345 for a free consultation. Our team is committed to helping you secure the compensation you deserve.
