In the first example, the gap in treatment implies you are not severely hurt. In the second example, the gap in treatment implies you have recovered and any treatment after the gap is due to another cause. Either gap will negatively impact your settlement.
Full Answer
What is a Gap in Treatment?
Insurance companies deny and shortchange personal injury claims when the records show a delayed medical 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.
Why a Gap in Treatment Might Affect Your Claim
In a situation where you don’t get immediate medical attention insurance adjusters can assert this as proof that the injuries you are treating of claiming in the case are less severe than you say. The same argument is made when after you first visit the hospital or private doctor you delay or don’t follow their direction to get follow-up care.
A Gap In Treatment Often Happens For Legitimate Reasons
Car crashes, truck collisions , product injuries, bike wrecks and other injury accidents result in all kinds of damage to people’s bodies. Some is obvious and some injuries do not appear immediately. Or some may not be sensed right away.
Medical Care is Different In An Injury Case Setting
Get the treatment you need in an injury case. Follow your doctors orders. You will eliminate one set of potential issues if you seek medical care right away and follow-up as required. Your medical documentation is a very important part of any personal injury claim.
The Attorneys Of Hepworth Holzer Are Here For You
We are happy to offer a free case evaluation and review at your convenience: Just call, e-mail or message us.
Why is it necessary to be evaluated so soon after an accident?
First, a medical expert must determine the extent of your injuries so they can be treated accordingly.
Are all gaps in medical treatment problematic?
Some injuries (as we discuss below) take a while to manifest before they can be treated. Conversely, sometimes people have a pre-existing condition that makes it harder for them to seek treatment, or recognize symptoms. Some gaps in medical treatment are unavoidable. If so, your attorney may be able to work with you on that.
What about gaps in medical treatment after it begins?
As a plaintiff in a personal injury case, you have certain duties: to show evidence of valid damages, which largely comes by way of medical bills. You also have the duty to reasonably minimize your damages. This means that you are obligated to receive proper medical treatment, so that your healing process is devoid of unnecessary complications.
The Bottom Line
If you’ve been in an accident, your top priority should be to seek medical attention promptly — preferably the same day — and consistently follow up with consequent treatment recommendations. If you are diagnosed with an injury, then your next move is to call TorkLaw at 888.845.9696 for a FREE consultation so we can help you recover completely.
What happens if you have a gap in your medical history?
If you know that you have gaps in your treatment history, it’s best to seek out help at the beginning of your application.
Is there a gap in disability?
Sometimes you want a break, and other times it’s challenging to get your doctor moving onto the next step. When you consider the many people and facets involved in medical treatment, there will probably be a gap in your treatment. Social security disability cases always come with some struggle. If you already have an open application with the Social Security Administration for disability, you may feel even more pressure. The pressure to keep on top of your medical care and keep the recovery process moving is not your sole responsibility.
Can mental illness cause gaps in treatment?
Mental disability often leads people to have gaps in their medical treatment. Many doctors go so far as to say that avoiding treatment is a possible symptom of an underlying mental disorder or disability. If you have a significant gap or a series of gaps between treatment, you should have your doctor comment on your mental capacity to seek out treatment.
Why is it important to understand what they should not do when treating their injuries?
Therefore, it is important for all claimants to understand exactly what they should and should not do when treating their injuries so that the strength of their case is never jeopardized.
Is there a gap in treatment?
It is Possible to Have Legitimate Reasons For Taking a Gap. Now to be fair , there are some legitimate reasons as to why there might be a gap in treatment. When you file a personal injury lawsuit, the parties involved realize that you can’t just completely shut down your life for however long the case lasts.
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.
Time is not on your side after any accident
For starters, you should always remember that time is very important after any automobile accident. Better said, the insurance company will keep track of everything you do after your car wreck. They will know if you seek treatment or if you choose to delay medical care.
How to satisfy the Insurance Company after your accident
As mentioned, the insurance company will patiently watch all of your actions after your collision. Documentation is going to be your best defense when dealing with the insurance company. For this reason, we recommend starting an accident journal, taking pictures of everything at the accident scene and always request a copy of the accident report.
Delays and Gaps for Car Accidents
Let’s start with delays in medical car after a car wreck . Obviously, the insurance company will be interested to see if you are truly injured after your collision. Failure to seek treatment sends a signal that you may not be injured, and therefore will not require a large personal injury case.
What if I already have a gap in treatment after my car wreck?
To begin, seeking immediate medical care is the most important thing you can do after any car wreck. However, you can still get treatment if you have postponed medical care but the limits largely depend on your state. For example, California allows up to two years to file an insurance claim.
Common Insurance Questions
Notifying the Insurance Company – Every car wreck is different, which is why it is up to you to seek treatment and file an insurance claim. However, you should always notify your insurer if any of the parties involved sustained notable property loss or physical damage.
Why Is It Necessary to Be Evaluated So Soon After An Accident?
Are All Gaps in Medical Treatment Problematic?
- Some injuries (as we discuss below) take a while to manifest before they can be treated. Conversely, sometimes people have a pre-existing condition that makes it harder for them to seek treatment, or recognize symptoms. Some gaps in medical treatment are unavoidable. If so, your attorney may be able to work with you on that. The important thing is to communicate with them…
What About Gaps in Medical Treatment After It Begins?
- As a plaintiff in a personal injury case, you have certain duties: to show evidence of valid damages, which largely comes by way of medical bills. You also have the duty to reasonably minimize your damages. This means that you are obligated to receive proper medical treatment, so that your healing process is devoid of unnecessary complications. The...
What If My Accident Symptoms Didn’T Show Up Right away?
- With some types of injuries, the symptoms don’t present for hours or days after the accident. In fact, one of the most common accident injuries – whiplash – regularly takes a while to manifest. (For more information about these kinds of injuries, check out our article about accident injury delayed symptoms.) Fortunately, delayed symptoms are common enough that the law expects i…
The Bottom Line
- If you’ve been in an accident, your top priority should be to seek medical attention promptly — preferably the same day — and consistently follow up with consequent treatment recommendations. If you are diagnosed with an injury, then your next move is to call TorkLaw at 888.845.9696 for a FREE consultation so we can help you recover completely.