How Quickly you Seek Medical Treatment – It’s a known fact that after an accident, there are those who are genuinely hurt and in need, and those who try to exploit the situation. Although it’s not always a fair metric, judges tend to view the speed with which one seeks treatment as indication of how serious the victim’s injuries are. Now this makes perfect sense when the injury was sudden, such as blunt force trauma during a car accident but it makes less sense when the issue is chronic, such as whiplash injuries. Still, it’s better to err on the side of caution. Even if you feel okay, go get checked out.
The Amount of Times you Seek Medical Treatment – This one might seem like a “no brainer.” If you’re hurt, you will have to go to the hospital many times, so the judge will increase the amount of the claim, right? Not always. If your repeated visits are determined to be frivolous, it might actually hurt your case. You don’t want a doctor, judge, or adjuster suspecting you of malingering. That is the intentional manipulation of the medical system in order to receive treatment. Assessment of your character is vital in accident cases. The other side will do everything in their power to demonstrate that you are simply milking the system. That is their job. Don’t make it easy for them and stay above reproach. A better strategy is frequently consulting with your doctor and reporting any pains that you are experiencing. If there is reason, a good doctor will have you come in.
The Gross Cost of your Medical Bills – The law understands you will need money to pay for medical expenses. This can include drugs, devices, as well as physical and mental therapy. If a long-term treatment course is necessary, make sure you have a sophisticated option for calculating expenses over time. This can be difficult with the unpredictable swings in health care costs, but be as conservative as possible. If rising health care costs mean you have to pay more to attend physical therapy in ten years, that should not be your responsibility.
Obtaining a Medical Report – A “credible” medical report means credible to the other side’s insurance company. In other words, not biased. Your doctor should utilize the assistance of his or her colleagues and be as impartial as possible. This report does not have to be revealed to your opponent or their insurance company until your lawyer decides it is favorable. Pursuant to this consideration, make sure you specify the report cannot be released to anyone but yourself on your HIPAA release form. It might be a precautionary measure, but you don’t want to risk some intern handing over the report to your opponent’s lawyer because it was not expressly privileged.
Property Damage – Property damage is a blanket term that can apply to a number of injury scenarios: In a car accident case, it is usually the value of the car plus costs for a rental. In an animal injury, it might be the cost of destroyed clothing or jewelry. In a defective product case, it would be the cost of the product plus any costs the improper operation of the product caused. For example, if you purchased framing lumber that was too green, and the moisture went on to rot your drywall, which eventually caused a roofing issue, you might be compensated for both the cost of framing and roofing.
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