The Role of Medical Care in Car Accident Claims : The role of medical care in auto accident claims is best explained with an example. Potential clients schedule consultations at our law office. “John” had been in a car accident six months earlier in which another driver was at fault. John seeks compensation for his bodily injury and feels that third party insurance (guilty driver insurance) is treating him unfairly.
Property damage is considerable and movements are careful and guarded, consistent with ongoing pain. John confirmed he was injured in a car accident and is still struggling with daily discomfort and physical restrictions. A well-spoken historian, John details the source of his pain and the ongoing catastrophe in his life as a result of his injuries from this collision.
When asked to detail his treatment, however, John revealed that he had never seen a medical, traditional homeopathic, chiropractic or other provider. We notified John that the absence of treatment would negatively impact a third party’s assessment of his claim. John was astonished. He stressed the fact that he did not go to the doctor did not mean that he did not feel significant pain and in no way reduced his discomfort and suffering.
The issue with John’s claim highlights the critical role medical care plays in personal injury cases where the plaintiff seeks monetary damages for bodily injury. This article will only discuss general insurance claims for bodily injury after a car accident that is not experienced without permanent disability or disability.
We should start with the important premise that injured people are usually either uncaring or manipulated into forgetting: Insurance adjustments are not your friend; the insurance adjuster is not in your best interest; and the insurance adjuster will go to great lengths to pay your claim as little as possible.
Their job is not to take your judgment of the damage at face value. Their job is to investigate your claim and limit compensation for your injury when the injury is completely unfounded and possibly unrelated.
That said, if you are injured in a car or motor vehicle accident, it is imperative that you seek medical care. This is very important because if you are in pain and suffering, a professional must evaluate the extent of your injury and ensure that you receive the attention and care that is needed. Depending on your current state of health, the degree of impact, eligibility for vehicle accidents, injuries can vary greatly.
In addition, adrenaline can mask serious injuries and pain symptoms can be delayed. The pain and discomfort associated with soft tissue injuries usually increases over a forty-eight hour period. In addition, it is also important to protect your rights and seek a personal injury attorney.
In addition to the obvious – your health and well-being – medical care and supervision also greatly affects the value of your personal injury claim. There are several reasons for this, the first being that your doctor is acting as an autonomous source of evidence.
If a person is evaluated by an independent medical professional who through their experience and expertise proves the presence of bruises, bruises, abrasions and injuries, insurance is provided with independent evidence of the claimant’s injury.
The extent and course of treatment and accompanying medical records support ongoing injuries and the need for continued care. The need for such treatment can be assessed, and progress made toward recovery and resolution of symptoms can be tracked.
Second, as an injured person filing a claim for damages, you plaintiff have an affirmative obligation to mitigate your damages. This is known as the doctrine of avoidable consequences and requires victims to take reasonable steps to reduce their losses.
The rule as stated in C. McCormick, Damages 33, at 128 (1935) is that where one person has committed an unintentional unlawful act, or wrongful act, against another, it is that person’s obligation to use the appropriate means. appropriate. reasonable according to law. circumstances to avoid or minimize damage. The aggrieved person cannot obtain compensation for each item of damage which can thus be avoided.
See Labriola v. Pollard Group, Inc., 152 Wn.2d 828, 840, 100 P.3d 791 (2004) (The doctrine of avoidable consequences, or damage mitigation, prevents the aggrieved party from recovering the damage that the party could reasonably expect to avoid through reasonable efforts); 16 David K. DeWolf and Keller W. Allen, Washington Practice: Tort Law & Practice 8.9, at 261 (3d ed. 2006).
Thus, John would have a hard time recovering money for six months of pain without any treatment. The third party insurance company will argue that crawling around his house in pain is unreasonable, and that if he had some form of medical/rehabilitative/therapy treatment, his injuries would most likely heal in less time and his suffering could be significantly minimized. big. Plaintiffs should also remember that consistent care, showing up for appointments and following provider directions are just as important.
Third, the medical care and costs of those services also serve as an imperfect, but objective, and measurable measure of the damage associated with your treatment. It is not perfect because the cost of medical care cannot cover the fear, frustration, discomfort, and physical pain that the injured party experiences on a daily basis. It’s hard to put the value of the dollar at the level of a person’s suffering.
But that’s the calculation that the plaintiff asked the insurance company to do. Therefore, the cost of relieving these symptoms serves as an adjustment tool, a measure of value for the length of time the plaintiff has been treated. Therefore, the actual cost of medical care received plays a role in the final settlement offer provided by the third party insurer.
The moral of the story is: If you are injured in a car accident, seek medical care from your family doctor or chiropractor. Do not wait.