when doctoe says im done treatment personal injury case

If you tell a doctor he or she is treating an injury that is the subject of a lawsuit, it could impact the willingness of your doctor to provide treatment or reach important conclusions. Remember that whatever you say in confidence to a doctor is not confidential at all once you file a personal injury claim.

Full Answer

Do you need a doctor to make a personal injury case?

Each individual may suffer injuries of a different nature and heal at a different rate. Having a doctor be able to testify about the victim’s injuries and having solid records can help make a personal injury case while not having these aspects of the case can break it.

How does post-accident medical treatment affect a personal injury claim?

The details of your post-accident medical treatment play a big role in how the insurance company values your claim. A key component of most personal injury claims is the injured person's "medical special damages," which just means the amount the claimant spent on medical bills while having their injuries diagnosed and treated.

Can a doctor testify in a personal injury lawsuit?

Your personal injury lawyer will prepare you and your doctors to testify in a logical fashion that will make sense to an ordinary juror who might very well have done the same thing in the same situation. What Should You Do? Go to the doctor, tell the truth, and then file a claim.

Do you have to be diagnosed to treat an injury?

Before you can be treated for an injury, medical personnel have to diagnose it. In many cases, the diagnostic process is relatively quick, and the charge for it amounts to a small part of your medical bills, as compared with the cost of treatment.

What to ask a doctor about a lawsuit?

What happens if you stop receiving medical treatment?

Do you seek medical attention if you are injured in a car accident?

Can an injured person tell the doctor about their inability to work?

About this website

How long do most personal injury cases take?

How Long Does It Take to Resolve Personal Injury Claims? Half of our readers resolved their personal injury claims within two months to a year, while 30% of readers waited over a year for their cases to be resolved. The overall average was 11.4 months.

Can I settle my case before surgery?

It is best to wait, to not settle before surgery, a case until the accident victim reaches maximum medical improvement. This is the point when additional medical treatment is not expected to improve a person's health.

Why do insurance companies send you to their doctors?

They want to verify (or deny) your claim by you seeing their own doctor. The insurance company may send you to an occupational health expert or a specialist, and this is called an 'insurer exam. ' The insurance company is looking to prove that your injuries are not as severe as you're making them out to be.

Why do lawyers want you to see their doctors?

Law firms and doctor's offices often interact on a daily basis. There is usually a need for a lawyer to call upon a doctor as a medical expert in his specific field, or if he has treated a patient for injuries and must provide evidence or testimony.

How long does a settlement take after surgery?

You May Settle Your Claim 2-5 Months After You Finish Treatment. The time it takes to settle your claim is largely dependent on how long it takes you to heal. In order to settle your claim, you must be done treating with doctors.

How long does it take to get a settlement after surgery?

If you do not have a lawyer, do not have a permanent disability, and do not end up negotiating for your settlement, the timeline is typically around 12-14 months. With a lawyer, the settlement process typically takes a little longer—around 17-18 months.

Do you have to tell a doctor how you got hurt?

Providing incomplete information can impact the quality of the medical care you receive. Concealing prior injury or sickness from your doctor will also hurt your legal case. If you provide your doctors with incomplete information, their medical opinions could be rejected by insurance companies and juries.

What can I expect from IME?

The IME doctor will review your doctor's records and any objective medical records including x-rays, CT scans, MRI reports or anything similar. This will help them determine if there are any “objective” signs of an injury related to your workplace accident.

How do you prepare for an IME?

8 Tips to Prepare for your IMEBe on Time – Which Means Early.Dress Appropriately.Bring Someone With You.See Your Family Doctor on the Same Day.Be Ready to Explain Your Injury.Always Be Honest.Be Brief but Thorough in Your Answers.Talk to Your Attorney Before Your Visit.

Can I use my own doctor for Workers Comp California?

No. “The Workers' Compensation Law gives the employer the right to select the health care providers for the injured worker.

Can I change my workers comp doctor California?

If you are receiving treatment from your personal pre-designated doctor, California workers' compensation law allows you to switch to another physician. If the insurance company has an MPN or HCO, you can switch from your predesignated doctor to a network physician at any time.

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.

Personal Injury Cases: Communication is Critical

First, you need to make sure you continue with medical care and therapy until you and your doctors believe you are either fully recovered, or that there is no further treatment that could help you. If you and your doctors disagree regarding this issue, make sure you let us know so we can give you the proper legal advice in that situation.

Injury Settlements vs. Litigation

There are many attorneys, however, who will NEVER file a lawsuit and litigate. They are either looking for a quick settlement because they do not want to work any harder than they have to — or they are just not competent to litigate a case.

Serious Injury Cases

Unfortunately, there are times when a client is not discharged from medical treatment for many years, if ever at all. If this is the case, many times it will be apparent from the start and we will file a lawsuit early on.

What to ask a doctor about a lawsuit?

The Injured Victim Asks The Doctor For Legal Advice#N#A doctor's job is to focus on your medical condition, and help you heal. In order to do that job, a doctor does not have to know about your lawsuit or your lawyer. Sharing your legal issues or concerns with a medical care provider should be unnecessary. Most doctors do not want to be involved in a lawsuit. If you tell a doctor he or she is treating an injury that is the subject of a lawsuit, it could impact the willingness of your doctor to provide treatment or reach important conclusions. Remember that whatever you say in confidence to a doctor is not confidential at all once you file a personal injury claim.

What happens if you stop receiving medical treatment?

The Injured Victim Stops Medical Treatment#N#Insurance companies and juries often believe if a person stops receiving medical treatment for an injury, the injury must be healed. They also believe that significant gaps between treatments suggest that you healed from one injury and must have suffered a new one unrelated to the first. If you have an injury that is affecting your ability to function, you should seek medical treatment until you are healed or until a doctor tells you that there is nothing more that can be done to improve your condition. If you are still suffering and your doctor tells you to "come back as needed" or "call me if you have any problems," you should ask how long you should wait to call if you continue to have the same level of pain and disability. Keep in mind you may not be able to be completely cured from your injury. However, you should continue to treat until you reach your maximum medical improvement. And once you do, you should try to maintain that level of health.

Do you seek medical attention if you are injured in a car accident?

The Injured Victim Does Not Seek Medical Treatment Immediately#N#If you are injured in a motor vehicle accident, or another type of accident which has caused you harm, then you as the victim are always responsible for proving that you were injured in the particular incident. Insurance companies and juries often believe that if you aren't hurt badly enough to seek immediate medical attention, you aren't hurt badly enough to deserve compensation. Rest assured, the validity of your injuries will be challenged by the defense at every turn.#N#Don't ignore signs of pain, even small ones, as such signs are often indicative of a more serious injury. If you are the victim of a motor vehicle accident, do not hesitate to ask the police for an ambulance and to be transported to the hospital. See a doctor as soon as possible, as minor injuries can always get worse, and often do. You don't want the first words the insurance attorney says to the jury to be, "He didn't even see a doctor for two weeks."

Can an injured person tell the doctor about their inability to work?

The Injured Victim Fails To Tell The Doctor of The Inability To Work#N#Insurance companies and juries will not believe that your injury affects your ability to work#N#just because you say so. If your injury is affecting your ability to work, it is important to#N#mention such a problem to your doctor. Again, keeping notes that you give to the doctor at your office visits can be a good idea. Additionally, your insurance company may not fully compensate you for your lost wages unless your doctor fully documents your medical inability to work.

What is medical special damages?

A key component of most personal injury claims is the injured person's "medical special damages," which just means the amount the claimant spent on medical bills while having their injuries diagnosed and treated. Medical specials are part of the personal injury compensation formula that many insurance companies use to figure out a claimant's total ...

What happens if you have a long period of treatment?

Logic says that if an injury receives a long period of medical treatment, the injury requires a long period to heal, and that translates to a high degree of pain and suffering. So, if you undergo a long period of treatment, you can argue to an insurance adjuster that the timeline was evidence of the seriousness of the injury.

Does insurance discount physical therapy?

Also, where you receive physical therapy may affect how the insurance company views it. If your doctor prescribes physical therapy but you receive the actual treatment outside the doctor's office and beyond the doctor's control, the insurance adjuster might discount the physical therapy bills.

Is a medical bill considered legitimate?

Any medical bill you have incurred at the hands of a medical doctor, hospital, or medical clinic, no matter how outrageously expensive, will be considered legitimate by almost any insurance adjuster and will usually be given a high multiplier in the damages formula.

Is a diagnostic procedure a quick process?

In many cases, the diagnostic process is relatively quick , and the charge for it amounts to a small part of your medical bills, as compared with the cost of treatment. In such cases, insurance companies do not usually bother to make any distinction between diagnosis and treatment.

Is medical service equal to personal injury?

According to insurance adjusters, not all medical services are created equal when it comes to figure out the value of a personal injury claim. Let's take a closer look at some of the variables.

Can an insurance adjuster view the total medical specials?

If most of the medical bills are for diagnosis only, and the injury winds up requiring little treatment, an insurance adjuster might not view the total medical specials as accurately reflecting the injured person's "pain and suffering.". Consequently, the adjuster might use a lower multiplier for those medical bills in arriving at ...

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 to ask a doctor about a pre-accident injury?

Your doctor or therapist will be asking you questions about your pre-accident health history. Likewise, your doctor or therapist will undoubtedly ask you whether you have had any accidents or injuries that may be affecting the same part of the body that was injured in the current accident. I cannot emphasize enough the importance of honesty when it comes to disclosing facts about your pre-accident medical history. Doctors rely on past medical history to diagnose and treat you. Providing incomplete information can impact that quality of medical care you receive. Concealing prior injury or illness from your doctor will also hurt your legal case. Once you make a legal claim, you can rest assured that insurance companies and their lawyers will be scouring your pre-accident medical records to see whether you have injured that same bodypart in a previous accident. If you try to hide your pre-existing injury (by not telling your treating physician about it) or forget to mention it to your treating doctor, you are making a big mistake. When you assert a personal injury claim, your doctor will be asked by the other side whether you disclosed the prior injury or prior medical treatment. If you provide your doctors with incomplete information, you doctor will be wondering what you are trying to hide. The other side will argue that your doctor’s diagnosis of your injuries is questionable because he or she was operating on incomplete information. It’s much better to be 100% truthful about your pre-accident medical history. Your doctor will usually be able to distinguish the injuries you suffered in the past from the injuries that were caused by the accident.

What happens if you stop seeking medical treatment?

Insurance companies and juries often believe if a person stops seeking medical treatment for an injury, the injury must be healed. They also believe that significant gaps between treatments suggest that you healed from one injury and must have suffered a new one unrelated to the first. If you have an injury that is affecting your ability to function, you should seek medical treatment until you are healed or until a doctor tells you that there is nothing more that can be done to improve your condition.

What happens if you miss a doctor's appointment?

When you miss doctor or therapy appointments, there is a very good chance that your doctor or therapist will begin to wonder whether you are really committed to getting better. Missing medical appointments or showing up late is likely to irritate your doctors and therapists. Irritated doctors and therapists do not make good witnesses for their patients. If your claim is not settled and your case ends up being tried to a jury, it is very difficult to explain to a jury why you missed scheduled doctor and therapy visits.

Do doctors want to be involved in a legal case?

Doctors do not enjoy being questioned by lawyers about their care and treatment of patients. Doctors hate being asked to take time out of their busy schedule to come to court to testify in a legal case. Most of them don’t want anything to do with lawyers or the legal system. Furthermore, doctors would prefer not to become involved with a patient who seems to be preoccupied with his legal case instead of recovering from his or her injuries.

What to do if you are hurt in a car accident?

Also, if you are hurt in a car accident, in order to preserve your rights under your PIP ...

How long does it take to see a doctor after a car accident?

Also, if you are hurt in a car accident, in order to preserve your rights under your PIP coverage, it is equally important to notify your insurance company about your accident and to go see a doctor within two weeks (14 days) of the accident (more on this below).

What happens if you don't get medical treatment in Florida?

Bottom line, if you fail to get medical treatment within 14 days of your Florida car accident, then you will have waived your PIP claim; but this does not mean you cannot recover compensation from the person who caused the car accident for pain and suffering, lost wages, and other economic and non-economic losses.

What happens if you wait for PIP?

PIP/no-fault insurance is first-party insurance (meaning, you collect these benefits from your own insurance company no matter who is at fault for the car accident) that protects you to a limited extent for your medical bills and lost wages resulting from an automobile accident.

What is the importance of a record of what happened?

Having a record of what happened, a record that is close in time to the date the accident or injury occurs is essential in building and proving a case. This is especially true when you may need to prove months later, or years later, that your injuries are related to your accident. Incident reports filed with mall management or with ...

What to ask a doctor about a lawsuit?

The Injured Victim Asks The Doctor For Legal Advice#N#A doctor's job is to focus on your medical condition, and help you heal. In order to do that job, a doctor does not have to know about your lawsuit or your lawyer. Sharing your legal issues or concerns with a medical care provider should be unnecessary. Most doctors do not want to be involved in a lawsuit. If you tell a doctor he or she is treating an injury that is the subject of a lawsuit, it could impact the willingness of your doctor to provide treatment or reach important conclusions. Remember that whatever you say in confidence to a doctor is not confidential at all once you file a personal injury claim.

What happens if you stop receiving medical treatment?

The Injured Victim Stops Medical Treatment#N#Insurance companies and juries often believe if a person stops receiving medical treatment for an injury, the injury must be healed. They also believe that significant gaps between treatments suggest that you healed from one injury and must have suffered a new one unrelated to the first. If you have an injury that is affecting your ability to function, you should seek medical treatment until you are healed or until a doctor tells you that there is nothing more that can be done to improve your condition. If you are still suffering and your doctor tells you to "come back as needed" or "call me if you have any problems," you should ask how long you should wait to call if you continue to have the same level of pain and disability. Keep in mind you may not be able to be completely cured from your injury. However, you should continue to treat until you reach your maximum medical improvement. And once you do, you should try to maintain that level of health.

Do you seek medical attention if you are injured in a car accident?

The Injured Victim Does Not Seek Medical Treatment Immediately#N#If you are injured in a motor vehicle accident, or another type of accident which has caused you harm, then you as the victim are always responsible for proving that you were injured in the particular incident. Insurance companies and juries often believe that if you aren't hurt badly enough to seek immediate medical attention, you aren't hurt badly enough to deserve compensation. Rest assured, the validity of your injuries will be challenged by the defense at every turn.#N#Don't ignore signs of pain, even small ones, as such signs are often indicative of a more serious injury. If you are the victim of a motor vehicle accident, do not hesitate to ask the police for an ambulance and to be transported to the hospital. See a doctor as soon as possible, as minor injuries can always get worse, and often do. You don't want the first words the insurance attorney says to the jury to be, "He didn't even see a doctor for two weeks."

Can an injured person tell the doctor about their inability to work?

The Injured Victim Fails To Tell The Doctor of The Inability To Work#N#Insurance companies and juries will not believe that your injury affects your ability to work#N#just because you say so. If your injury is affecting your ability to work, it is important to#N#mention such a problem to your doctor. Again, keeping notes that you give to the doctor at your office visits can be a good idea. Additionally, your insurance company may not fully compensate you for your lost wages unless your doctor fully documents your medical inability to work.

Personal Injury Cases: Communication Is Critical

See more on lewitthackman.com

Injury Settlements vs. Litigation

Serious Injury Cases