Don’t Wait To Get Medical Care
Many clients who are involved in injury incidents immediately get medical care after the incident. They are transported via ambulance or they drive to get medical care at a hospital, their primary care physician or at a…
Many clients who are involved in injury incidents immediately get medical care after the incident. They are transported via ambulance or they drive to get medical care at a hospital, their primary care physician or at a local medical clinic. When this occurs then there is less for the insurance adjuster on the other side to argue about. They have a harder time arguing that you were not hurt. It doesn’t mean they won’t make that argument, just that it is less likely that the jury or a judge is going to believe their argument that you were not hurt in the incident or not hurt that bad.
But many of my client’s don’t get medical care right away. They go home, take an aspirin and lay down. Then when the pain and limitation does not go away the next day, they take a hot bath or apply some type of muscle pain cream, Tiger Balm, Absorbine, Jr. or Salon Pas. Then after a week or two, when they still have that nagging neck or back or shoulder or knee pain, they start to think that they should see a doctor or a chiropractor. But who is going to pay the doctor or the chiropractor? Do you have health insurance, medical payment coverage on your automobile policy, a large nest egg? Well you need to get medical care as soon as you can, no matter what your situation.
Number one, it is important that you get medical care so you can heal in the best and most efficient manner A doctor or a chiropractor will identify what injuries that you have suffered from the incident. Then they will prescribe the best way for you to get your full health back. It may be having x-rays, an MRI, medicines, physical therapy or chiropractic care. All of these things, as well as many others are tools that allow medical professionals, like doctors, chiropractors and physical therapists help you recover the best you can from your injuries.
If you have health insurance or medical payment coverage on your automobile policy, then use it. Failing to get the proper medical care could cause your injuries to get worse. I have seen situations where a client puts off getting medical care. One such instance was a woman to whom it was recommended that she obtain an MRI of her neck. She was worried about incurring another bill and she wanted to get the case settled as soon as possible. She was an older woman and we settled her case based upon the medical records we had, which said that she had a sprain and strain of her neck. Then eight months after we settled the case, she called me up only to say that she should have had the MRI done. It turns out she had a disc injury in her neck and needed a surgery. She asked if we could re-open her case. The answer was no, because she had signed a release of all claims. The point is that your health is not worth risking. You need to make sure you know what injuries that you sustained in the incident and then you need to get the medical care necessary to put you back to a place where you were health-wise before the incident.
If you don’t have medical insurance (or a whole bunch of money stashed away) then you may be able to get your medical on a lien basis. A lien is a written promise to pay back a medical provider for the care they have provided. Many doctors, chiropractors and physical therapists will take a lien, provided that you have an attorney to help you recover on the claim. Then when the case is settled, the medical providers are paid a portion of the settlement. Medical providers that are willing to take liens for their care, are doing a great service for our society. They are providing medical care for people who may not be able to obtain it. Many times the care that they are providing is worth many thousands of dollars. The type of care provided and the bills for that medical care are part of the damages that are calculated to determine the value of your claim. If two people are equally hurt in a car incident, but one has had medical care and a let’s say medical bills of $5,000 and the other person has obtained very little medical care and only has a medical bill of $150 for one doctor’s visit, then the one with the larger medical bill will more likely than not recover a larger settlement before trial or verdict at trial. Your medical care and the bills that reflect that care are important for determining the amount of your damages in the incident.
Waiting to get medical care provides the adjuster of the person that caused the incident with an argument that you must have either not been hurt or are not hurt that bad or else you would have gotten medical care sooner. Many times I have heard from clients that they thought that they would get better and that is why they did not get medical care sooner. But the longer that you wait to get medical care, then the more ammunition you provide to the insurance company fighting your claim to argue that you were not hurt at all or at least that you are not hurt that bad.
When you have been injured due to the negligence of another, you need to make sure that you get the medical care that you need. With all of the options for medical care, including health insurance, medical payment coverage, liens and the fact that when you are hurt and present to an emergency room then the hospital has a duty to treat your injuries no matter your insurance status, all point to the fact that you have less and less reasons why should not get the medical care as soon as you are injured. Not only will it help your case, it will help you.
