Sep 30, 2019 · This is why you need to seek immediate medical treatment. If you suffer a TBI, your Indianapolis car accident lawyer will demand significant damages. The long-term issues caused by a TBI can be devastating. You may never be able to work again. Or, you may simply never recover. Your Indianapolis Car Accident Attorney Needs Your Medical Records
This verification is essential if you later make a car accident injury claim. Medical treatment and medical bills are a large component of damages in a personal injury case. Review Your Doctor's Treatment Records. If you're being treated for injuries stemming from a car accident, ask your doctor for copies of your medical records.
Dec 17, 2013 · At Rasansky Law Firm, we often see cases in which accident victims did not go to the hospital after the crash and then had difficulty securing compensation for their injuries because they initially refused medical care. If you are struggling with this issue, or with any Texas accident claim, call us today for assistance.
Feb 05, 2013 · Insurance adjusters and their lawyers love to argue that a person who claims to have been injured must not have really been injured if there is a medical treatment history lacking after an auto accident. Very often the lack of medical treatment is not because the injured person didn't have real painful injuries; but because that person didn't have medical insurance or the …
Refusing medical care also means you have to wait to file your claim, which also means you might not receive your compensation check as soon as you may like. Diagnostic complications and lengthy recovery times are likely to increase your damages.May 25, 2021
If you were involved in a car accident that was not your fault, you may be eligible to claim compensation for all injuries, physical as well as mental. This includes anxiety.
Can You Sue for Negligence Without Injury? When someone fails to exercise care and their negligence causes an injury or property damage, you have the legal right to sue for compensation. ... If you didn't sustain any injuries, a traffic accident can still leave you with damages like emotional trauma.
A major car accident can cause PTSD, extreme anxiety, depression and debilitating phobias. Studies have shown that crash-related mental traumas can have symptoms lasting up to a year after an auto accident, especially for children.
How Long Should A Whiplash Claim Take? On average, most whiplash claims should be settled in less than six months. However, this timeframe should only be used as an approximation as each claim is different. Every whiplash claim is unique, as is the claim process that follows.Feb 7, 2022
The short answer is that it's never too late to hire a lawyer for a car accident. If you have been injured as a result of someone else's negligence, then you owe it to your family and yourself to consult with a car accident lawyer, one that has expertise in personal injury law.Jan 28, 2021
Negligence cases are civil cases, which are known as “tort actions.” The term “tort” simply means a legal wrong. Negligence law allows you to sue someone for the harm they caused you either by accident or recklessness. Negligence occurs when someone's actions or failure to act falls below a reasonable standard of care.
A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault).
Human nature is a strange force. It can compel you to say things you don’t mean, or to make statements against your own interest.
The truth is that, even though you may feel fine, you really don’t know if you’re okay or not.
Civil defense lawyers are trained to use several classic defenses against a personal injury claim. Among these are:
We encourage you to seek medical attention as soon as possible after an accident. Even if you refused medical treatment at the scene, or if some time has passed and you are only now beginning to notice symptoms, you should still see a doctor right away.
If you are able to, it’s helpful to gather as much information as possible before leaving the scene of an accident. This includes:
If you or someone you love has been injured in a New York auto accident, let the Manhattan & White Plains car accident attorneys at Lever Ecker, PLLC fight to get you every penny you deserve.
If you're being treated for injuries stemming from a car accident, ask your doctor for copies of your medical records. Read them over carefully, and have your doctor correct any errors that you find.
Continue Treatment Until You're Told to Stop. After a car accident, if your doctor diagnoses an injury and begins treatment, continue the course of treatment until your doctor releases you from it. There are two main reasons why it is important that you follow through with your treatment. The obvious reason is that your doctor is in ...
The obvious reason is that your doctor is in the best position to determine how seriously you are injured, and to prescribe the best treatment for you -- to help you recover more quickly, and to make you as comfortable as possible while you are recovering.
Your health comes first. Here's how to protect it after a car accident. If you are seriously injured in a car accident, emergency services will probably come to the scene and take you to the closest hospital, where you will receive all the medical care you need.
If your doctor has written that you have a history of neck problems like the one she is treating, but you've never had any neck problems in the past, or the doctor's notes don't tell the complete story, you need to have that information corrected or clarified.
Some of the reasons could include: Your doctor might lack experience in this area. Your doctor does not want to deal with billing and related administrative headaches.
Many doctors have blanket policies stating that they do not treat car accident victims because the billing is too complicated. Beyond the complexities of billing, many doctors also want to avoid the risk of being called in a lawsuit. Insurance companies are aggressive.
While many people are not aware of it, this is actually extremely common. Many doctors simply refuse to see patients who were involved in an auto accident. Some of the reasons could include: 1 Your doctor might lack experience in this area 2 Your doctor does not want to deal with billing and related administrative headaches 3 Your doctor may try to avoid the risk of being called in a lawsuit 4 Large insurance companies might try to ruin the professional careers of your doctors if they regularly see auto accident victims
Your doctor does not want to deal with billing and related administrative headaches. Your doctor may try to avoid the risk of being called in a lawsuit. Large insurance companies might try to ruin the professional careers of your doctors if they regularly see auto accident victims.
In the days immediately following the crash, you start to develop severe headaches. You suspect that you have suffered a concussion. When you call your primary care doctor, you are surprised to find out they do not treat car accident victims. Next, you attempt to make an appointment with a neurological specialist — only to hear ...
After a car accident, it may be better to see a doctor who is not your primary care physician . To start, your primary care physician is unlikely to have much experience treating motor vehicle accident injuries — meaning they will probably refer you to a specialist even if they do agree to see you.
Can Doctors Actually Refuse to Offer Treatment? With some very limited exceptions, the answer is almost always ‘yes’. Doctors are not required to treat car accident injuries. Indeed, outside of emergency rooms, medical professionals are typically able to refuse to see whomever they want.
Many people fail to seek medical treatment after suffering an injury because their symptoms are delayed. The adrenaline that is released in your system during stressful events such as car accidents, slip and falls, and dog attacks can mask pain. Because of this, people who are involved in stressful and unexpected accidents may not even realize they ...
There are a number of reasons why someone who suffers an injury may refuse to seek medical attention. Some people hate to admit that they are injured, even though there‚is no shame in doing so. Others may not think that their injuries are serious enough to warrant a trip to the doctor, so they try to treat them on their own.
If you have not been to a doctor or hospital since sustaining the injuries, you will have no documentation to prove that your injuries are real. Without proof, it‚is very likely that the insurance company will simply reject your claim. Gaps in Treatment Could Raise Red Flags. People who waited too long to seek medical treatment after an accident ...
The Plaintiff Must Prove Damages. There are two things that a plaintiff in a personal injury case must prove in order to recover compensation. First, the plaintiff must show that the defendant‚is negligence directly led to their injuries. But, proving liability is not enough to recover compensation. The plaintiff must also show that the ...
If you do not have medical records, there‚is no way for you to prove that the injuries exist, let alone that they were serious enough to led to expenses, losses, or emotional anguish. If you are unable to prove damages, the insurance company will not write you a check for them. Because of this, it is nearly impossible for you to recover ...
Because of this, it is nearly impossible for you to recover compensation for your injuries if you were never treated by a healthcare provider. The Right Way to Treat Your Injuries After An Accident. As you can see, there are many reasons why it‚is best to seek medical treatment immediately following an accident.
Some doctors don’t understand because they don’t specialize in injuries. It’s extremely important to know how to find a doctor after a car accident to treat you properly.
However, I suggest that after an accident you call your primary care doctor. Tell them about your injuries and see if they will even see you for them. They probably will tell you to see a specialist and explain how to find a doctor after a car accident that can treat your specific problems.
If you don’t see a doctor in time, you will waive $10,000 in benefits to treat your injuries.
The Bottom Line. The bottom line is that the quality of your doctors has a significant effect on the value of your injury case. You should talk with your lawyer and make sure that you are comfortable with your doctors’ care and treatment. As well as the documentation that is required to assist you and your injury case.
This is What Will be Used to Value Your Case: 1 Detailed history of what happened to you in the accident 2 Detailed history about any pre-existing injuries or conditions you may have 3 List numerous types of medical tests they performed such as range of motion, nerve compression tests, etc 4 If they ordered specialized MRI’s, X-rays, digital motion X-rays, etc 5 Prescriptions to physical therapy, occupational therapy, vocational rehabilitation, etc 6 If they sent you to other specialists who may evaluate you for surgery, or pain management 7 Key information about what caused your injuries, such as the car crash and if it aggravated your pre-existing injuries 8 They explain whether your injuries are “permanent” or not, if you will have them for the rest of your life or not 9 What your future medical needs will be for the rest of your life 10 Impairment ratings: What effect your injuries will have on your ability to work, enjoy life, or perform daily activities
Key information about what caused your injuries, such as the car crash and if it aggravated your pre-existing injuries. They explain whether your injuries are “permanent” or not, if you will have them for the rest of your life or not. What your future medical needs will be for the rest of your life.
Help your attorney with your case by saving evidence for the jury if your case goes to trial. When treating with injury doctors, save any and all empty pill bottles. Save over-the-counter pill bottles too because they are great proof of how the injury affected you.
When an insurance company denies your car accident claim, you should fight back. It’s up to you to take action following an initial denial. By the time a claim investigator formally refuses to pay for your bodily injury and/or property damages, he or she has already gathered enough evidence to support a denial position in court. The investigator may be open to negotiation eventually, but he or she will likely do nothing more until you take action. Once the investigator formalizes your liability denial, he or she may expect you to simply give up and go away.
When an insurance company denies your claim, it likely considers it a success when you don’t fight back. Companies reconsider their position only if you provide new facts, additional evidence, or a legal theory that forces them to reexamine their original conclusion. Legally, insurance companies must maintain a reserve on their books, but the person handling your claim simply closes out your active file and waits for the statute of limitations to run. Insurance companies understand that many people choose not to fight back because the issues are complicated and the process is often challenging.
Insurance companies often deny claims due to questionable liability. One driver might give a different story than the other driver. In some cases, both drivers’ stories are the same, but the insurance companies interpret the facts differently. As Florida liability insurers pay injury claims based on pure comparative fault statutes, an insurance company should find it difficult to deny liability completely. In some cases, insurance companies may use questionable liability as a negotiation tool to coerce injured victims into settling for a low dollar figure.
If you’re a licensed driver or your vehicle is registered in Florida, you must carry the state’s mandatory minimum PIP coverage limits: $10,000 per person medical and disability benefits and $5,000 per person death benefits. You also must have $10,000 property damage liability coverage to pay for damage to vehicles and other property.
If you previously received a denial letter and you misplaced it, request a second copy. As denial letters often contain insurance jargon and complex legal phrases, you should consult with a personal injury attorney to help you understand exactly what the letter contains.
Even when the other driver is at fault, your PIP benefits are primary. Your insurance company pays 80 percent of your medical bills for treatment initiated within 14 days of the accident. Your PIP coverage also pays 60 percent of your lost income.
Anger is a reasonable gut reaction when you learn that an insurance company won’t pay for your injuries, but it doesn’t usually help reverse the decision. Insurance companies regularly deny claims. They’re used to anger, rants, and threats of future legal action. Claims personnel prefer to avoid angry reactions, ...