Timely medical treatment in case of medical-related personal injury cases can be vital. There are a variety of reasons behind it. Consistent medical treatments can make the case strong and are more likely to turn in the plaintiff's favor.
If you are a victim of someone else's mistakes, here is how you should take personal injury lawsuits forward carefully.
Delayed medical treatment can cause a number of problems in your personal injury case.
If the person has been injured and is willing to use the insurance policy claim, medical treatment should be consistent.
Today insurance companies make use of sophisticated automated computer programs to calculate the insurance claim amount. These programs are not tuned to consider the reason why the delay in medical treatment happens.
You can lose a major part of the claim if the gap between the injury and treatment at any time exceeds 30 days, 60 days, or more. The delay in medical treatment can be due to various reasons like unavailability of the specialist dealing with your case, the inability of the person to make frequent visits, financial problems, or living in the dark thinking the injury will get better without treatment.
The insurance company computer programs cannot identify such problems and simply penalize the person for not getting consistent medical treatment.
A good personal injury attorney will be able to rectify the above problem when handling your case, however, delayed medical treatment due to any reason makes the issue more complicated.
A consistent medical treatment makes it easier for personal injury lawyers to establish the relationship between the injury caused and the medical treatment required after that.
On the other hand, in case of delayed treatment, the defense lawyers (the other party's lawyer) can use this reason to their advantage. They can claim that the injury has no direct relationship with the accident caused.
For instance, if in a motorcycle accident, the plaintiff suffered from a hand fracture. It will be easier for the personal injury lawyer to establish that the injury has a direct relation with the accident caused due to the negligence of the defendant if only the plaintiff gets diagnosed within a few days from the date of the accident.
Any gap in diagnosis will give the defense lawyer the chance to establish no direct relation between the two.
The first instinct in case of an accident should be to get a regular check-up. This also holds true in cases where the injury isn’t visible. Some injuries take time to develop and show up later. By the time they show up, it would be too late to ask for compensation from the at-fault party.
Therefore, get immediate medical treatment in case of an accident. This helps in receiving the insurance claim and helps your personal injury lawyer recover the damages.
It is essential to get an initial check-up fast and maintain the consistency of receiving medical treatment.
Any gap in the treatment will be treated as negligence on the part of the plaintiff itself. The defense attorney can use this as the finest opportunity to minimize the compensation amount. In worst circumstances, it won’t take long for a skilled defense attorney to prove that the injury has no direct relationship with the accident.
Also, underestimating the injury and taking the injury lightly can make it worse. The pinched nerve can be a herniated disc. A broken or cracked bone not given due attention may re-join incorrectly, requiring surgery later on.
It is in the best interest of the injured person to seek continuous medical treatment for both safety and legal reasons.
Some injuries are felt and visible almost instantly, though taking medical help becomes obvious.
However, people should be more careful about injuries that take time to be visible. Such injuries include:
These injuries, when they go unattended, can pose trouble and can eat away your insurance claim in no time.
Timely and consistent medical treatments are a key to win many personal injury lawsuits, especially those involving a motorcycle accident, slip and fall case, medical malpractice, etc.
Not only this, but the medical record should also be kept carefully. These act as the major evidence in proving your case and claiming compensation.
If you have been injured due to someone else's careless or reckless behavior, contact our attorneys at Young, Reverman & Mazzei today. We serve clients in and around Cincinnati, Ohio, Florence, Kentucky, and Lawrenceburg, Indiana.
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