The primary reason that medical treatment plays such a crucial role in personal injury cases is that it can create documentation, witnesses, and other evidence regarding: The severity and extent of your injuries immediately after the accident The degree to which you have healed over time
Full Answer
Why is timely and consistent medical treatment important in personal injury cases?
It is also crucial in your personal injury case to get the recommended medical treatment, both timely and consistently. Medical literature is clear that timely and consistent medical treatment improves outcomes from traumatic injuries in many cases.
What is a gap in treatment in a personal injury claim?
Secondary to that, if you decide to file a personal injury claim, a gap in treatment could lessen your compensation greatly. What's a Gap? There are two types of gaps in treatment; one is the gap between when you got in the accident and when you first start treating injuries from that accident.
What does an insurance adjuster look for in a personal injury case?
In a personal injury case, the insurance adjuster will be looking for ways to devalue your claim. If they see that there is a gap in your medical treatment they will try to use this as evidence that your injuries are not as severe as you are claiming.
Can I take a hiatus after a personal injury accident?
This is perfectly acceptable and of course your personal injury claim does not mean that you must stop living your life. By communicating anything that could cause a gap in treatment with your attorney, they will be able to document the reasoning behind the hiatus so that it cannot be used against you by the insurance company.
How do you explain a gap in treatment?
The term “Gap in Treatment” is insurance industry lingo. It means there has been a long period of time between an injury and when you go to the doctor or hospital. Or alternatively, a long delay between one medical visit and the next.
Does a personal injury settlement Affect Medi Cal?
A personal injury settlement will not cause a cancellation or have any other adverse effects on an injured party's Medi-Cal coverage. Rather, the program is structured like all other health insurance such that an injured accident victim will not recover double benefits for the same injuries.
What are the most common types of personal injury cases?
5 Most Common Types of Personal Injury CasesAuto Accident Injury. If a person experiences an injury as a result of a car accident and was not at fault, he or she may be able to seek compensation for injuries. ... Medical Malpractice. ... Product Liability. ... Slip and Fall Accidents. ... Wrongful Death.
How is settlement value calculated?
Settlement value is essentially based on what a jury would award you for what you went through because of your injury. That number is the sum of your pain, your suffering, your bills, and your lost wages.
Do I have to report a settlement to Medi-Cal?
The Medi-Cal beneficiary or personal representative is required by law to report an action or claim in writing to DHCS pursuant to Welfare and Institutions (W&I) Code Section 14124.70 et seq.
How much money can you have in the bank with Medi-Cal?
To find out if you qualify for one of Medi-Cal's programs, look at your countable asset levels. You may have up to $2,000 in assets as an individual or $3,000 in assets as a couple. As of July 1, 2022 the asset limit for some Medi-Cal programs will go up to $130,000 for an individual and $195,000 for a couple.
What kinds of injuries does personal injury law include?
What kinds of “injuries” does personal injury law include?Auto accidents.Slip/Trip& Fall (liquids, snow and ice)Slip/Trip & Fall (unsafe conditions on property) other than liquids, snow and ice.Premises Liability.Construction Site Accidents—Negligence, New York Labor Law 240 and 241.Dram Shop (Alcohol) Liability.More items...
What comes under personal injury?
Common types of personal injury claims include road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates injuries arising from medical and dental care, that which may lead to medical negligence claims).
What is an example of personal injury?
Some personal injury case examples include slip-and-falls due to slipping on ice or tripping over debris, whether at work or on private property; broken bones, internal injuries or a traumatic brain injury resulting from a car accident; the loss of a finger or limb in an accident at work due to defective machinery, ...
What is a good settlement?
A good settlement offer should not only be able to cover your hospital bills and legal fees, but it should also be equivalent to close to a years' worth of your current wages, especially in cases where your injuries may be permanent or cause some kind of disability.
How much is a nerve injury worth?
Average Cost of Nerve Damage Settlement The average worker's comp settlement in the United States is $21,800. However, the operative word here is 'average'. This means that settlements can vary from as low as $2,000 up to $40,000, with only a small percentage of nerve damage awards more than $60,000..
What is the formula for personal injury settlements?
The multiplier for your auto accident settlement formula for minor injuries, such as sprains or whiplash is usually to multiply by 1½ to 3 times the amount of medical bills. The multiplier for more serious injuries, such as broken bones or herniated disks, is 3 to 5 times the amount of medical bills.
Why do people delay medical treatment?
The two most common reasons why people have delayed medical treatment in an injury case are: 1. Their pain is not greater than the “inconvenience” in getting medical treatment. Many clients who I have settled cases for have told me that they did not have the time to see or follow-up with a doctor. I try to be as sympathetic to this as possible ...
Does delay in treatment affect settlement?
A delay in treatment may not affect your settlement if the value of your case, after all reductions, is greater than the available liability insurance coverage. I settled a case involved in a herniated disc for $16,500 (gross) with Geico.
Can you pay a medical provider for a LOP?
You may have to pay the medical provider – who treated you on an LOP – more than you would have to repay your health insurance company. This means that your net settlement may possibly be reduced.
Can you get medical treatment in Florida if you don't have insurance?
You may still be able to get medical treatment from a doctor who treats people injured in accidents in Florida even if you do not have health insurance. One option is to sign a document called a letter of protection (“LOP”), which would authorize your attorney, should there be a settlement, to pay the entire outstanding balance with the medical provider before you get any settlement money. If you cannot get a settlement, then the bill would become your responsibility.
What happens if you don't attend your doctor's appointment?
If you fail to attend your appointments, the insurance adjuster assigned to your case will likely notice and will probably assume that your injuries are not as serious as you claim them to be, since you are skipping appointments.
Do you need a diagnosis before you get treatment?
Before you can receive treatment for your injuries, it will be important that you receive an accurate diagnosis. For injuries from things like truck or motorcycle accidents a diagnosis may be more straightforward, however for injuries from something like a slip and fall it may be a bit more complex. Although a diagnosis is usually a minimal cost in comparison to treatment, tests and appointments can still add up — for these, you deserve to be compensated.
What is a Gap in Treatment?
First, let’s answer the question that’s likely on your mind: what is a gap in treatment?
How Can It Affect Your Personal Injury Claim?
What if you don’t immediately seek medical treatment after an accident? What if you stop receiving medical treatment, then start again after a gap?
Reasons for a Gap in Treatment
If there’s a gap in treatment, it doesn’t mean you avoided injuries from the crash. Usually, it means you weren’t experiencing severe pain symptoms.
Listen to Your Doctor
Unintentional injuries account for 39.5 million physician office visits. They’re the reason for 24.5 million emergency room visits, too.
Strengthen Your Case: How a Gap in Treatment Impacts Personal Injury Claims
Don’t let a gap in treatment impact your personal injury claim. Instead, talk to a South Carolina personal injury lawyer right away. They’ll help you develop the best course of action.
What is the purpose of an insurance adjuster in a personal injury case?
In a personal injury case, the insurance adjuster will be looking for ways to devalue your claim. If they see that there is a gap in your medical treatment they will try to use this as evidence that your injuries are not as severe as you are claiming. That is why it is important not only to meet with your doctor regularly, ...
What happens if you have an accident?
When you have injuries from an accident you may be living with them for the rest of your life. The severity may lessen with treatment, but chances are the residual effects will continue to affect you. It is in your best interest to take care of your health and stick with the treatment your doctor suggests, and if you do decide to file ...
Why is it important to avoid gaps in treatment?
Put simply, your health and well-being are the most important reason behind avoiding gaps in treatment. When you have injuries from an accident you may be living with them for the rest of your life. The severity may lessen with treatment, but chances are the residual effects will continue to affect you. It is in your best interest to take care of your health and stick with the treatment your doctor suggests, and if you do decide to file a claim it will really help your case.
Why do I have a gap in my treatment?
A gap in treatment does not mean you are not injured. Chances are that if you have a gap in treatment it was not because you weren't experiencing pain and problems. Sometimes a gap simply cannot be avoided.
Why is it important to keep up with appointments?
It is extremely important that you keep up with these appointments, because consistency of care is going to benefit you greatly. Secondary to that, if you decide to file a personal injury claim, a gap in treatment could lessen your compensation greatly.
How Does a Medical Lien Affect a Personal Injury Settlement?
If a hospital, medical provider, or health insurance company renders medical care or pays money for your medical treatment, then the health care provider, government agency, or other party may file a medical lien against you.
Can The At-Fault Party Be Sued?
Yes, the at=fault party may be liable for insufficient proceeds paid to the injured after an accident and subsequent settlement claim or award. A lawyer for the medical provider or providers, hospital, or even the government can sue the person who causes the incident.
Talk to an Attorney About a Lien Today
The Rosenfeld Injury Lawyers LLCS represents victims of accidents everyday. We can stand up and respond to any person or party asserting a lien or other claim against you.
