Pursuing An Injury Claim? Here Is How Your Treatment Affects Your Medical Damages


In most personal injury cases, medical damages form a vital part of the compensation package. If you are being treated after an accident and plan to lodge an injury claim, know that your treatment will have a big effect on the value of your medical damages. This effect comes in various ways, such as:

Recognition of Treatments

Insurance adjusters rate alternative treatments, such as those offered by non-physician doctors, lower than treatments by medical doctors. In fact, depending on your state's laws, some forms of treatments may not be covered at all. For example, the Personal Injury Protection (PIP) law in Florida does not recognize acupuncture or massage therapy as a conventional treatment, so you will not be compensated for those costs.

Therefore, it's advisable to seek treatments from providers whose services are recognized by the relevant insurer. If you don't have time to research the applicable laws on coverage, make the safe bet and get treated by a medical doctor.

In fact, according to AllLaw, treatments from physicians and hospitals is one of the requirements for using a multiplier of more than five when calculating the value of a personal injury cost. In many cases, the adjuster multiplies the multiplier by your total medical costs and uses the result initial figure for the negotiations.

Limitation of Treatment Sessions

Some treatment sessions are covered, but with limitations. This is usually true with treatments that require multiple sessions, such as physiotherapeutic or chiropractic care. For example, physiotherapy sessions may be restricted to 15 sessions. In such cases, you may not be compensated for excess treatment schedules, especially if you get them without the adjuster's permission.

Some insurers may extend your treatment sessions if you get permission first. In such cases, your medical provider, such as a physiotherapist, must first certify your need for the extra sessions.  

Medications You Receive

The types of medication you were prescribed also affect how the adjuster, judge or jury views your injuries. For example, strong pain medications signal that you are in a lot of pain, which may boost your pain and suffering damages. Another example is a prescription for antidepressants, which signifies psychological injury for which you need to be compensated, in addition to the physical injuries. In short, your medications reflect the type and nature of your injuries, which is another reason you should preserve their records (for example, by keeping drug prescriptions).

All these things mean you should take your treatment seriously. Follow all your doctor's recommendations to the letter, and don't take shortcuts (such as trying at-home treatments). Lastly, keep all the treatment records to serve as evidence and strengthen your case. Contact a law firm you trust to help you with your case.


29 January 2016

Staying Strong During A Legal Battle

When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.