Washington Injury Law Blog

Last time we discussed following through on the treatment your doctor recommends and keeping your doctor in the loop on all decision on what kind of treatment to seek after you’re injured in car accident.  In this post we’ll wrap up the series with the final three errors to avoid when treating your car accident injuries. 

These final three errors are big ones and can seriously damage the value of your case if they are committed.  By avoiding the below errors you can make sure the foundation of your injury case is solid.  Errors 5, 6 & 7 to avoid are:

5. Skipping treatment appointments or letting large gaps in time pass between treatment follow-ups. When you miss appointments or stop treating for long periods it implies that you are not suffering from your injuries. If your injuries were bad and very painful we would expect you to be very motivated to seek the treatment needed to stop the pain and suffering as quickly as possible. Life can get in the way of the best-laid plans, and you can learn to live with the daily discomfort, but it does a great disservice to your injury case when this happens.

6. Failing to disclose preexisting injuries. You need to be open and honest with your doctor. Failing to tell him about a prior injury to the same body part or any other body part can lead him to incorrect conclusions and opinions. Since your case is normally very dependent on your doctor’s expert opinion, you don’t want the facts that your doctor bases those opinions (part of which is your medical history including preexisting injuries) to be based upon inaccurate information and thus open to attack by the insurance company. It’s best if everything is out in the open, that way your doctor and attorney can deal with any complicating issues appropriately. Just because you have preexisting injuries does not mean you lose, Washington law still allows for such situations as do many other states laws.

7. Not having your car insurance or health insurance pay your medical bills. When the at-fault party or you pay your medical bills you hurt your injury case. There is a financial benefit to you when your car insurance or health insurance pays your medical bills for you. Don’t hurt your case by failing to take advantage of available insurance coverage. The reason for this is complex due to subrogation issues that may vary depending on the type of insurance coverage you have available to you.

Why reduce the amount you receive on your injury case by paying your own medical bills when insurance is available.  Keep the money in your pocket and let the insurance do what is was purchased to do.  Never feel guilty about using insurance that was purchased for the exact circumstance you are in after a car accident. 

I often here car accident victims complain about all the treatment appointments and time it takes to go to each treatment session.  But do your health and your case a favor and go to those appoints as scheduled and recommended.  Skipping treatments and failing to tell your doctor about preexisting injuries can cause major damage to the value of your case, and in some cases it can be fatal. 

By avoiding the 7 errors we’ve discussed in this series you can go a long way towards putting your injury case on a solid foundation.  You will have made it possible to defeat many of the most common arguments insurance companies love to use attack your case in an attempt to minimize the value of your injury case and pay you as little as possible for your injuries.

Last time we discussed seeking treatment immediately and following your doctor’s recommendations after you’re injured in car accident that was someone else’s fault.  The next two errors concern the importance of following though on the treatment recommended by your doctor and whether self referring to other types of treatment without first talking to your primary doctor is a good idea.

By avoiding the errors discussed below you take a major step toward eliminating many of the arguments that insurance companies commonly use to attack your case in an attempt to minimize the amount they are willing to pay you.  Errors 3 & 4 to avoid are:

3. Not starting or completing therapy recommended by your doctor. If your doctor instructs you to go to 12 physical therapy treatments over the next six weeks, do it! Don’t let your busy schedule dictate when you’ll get the medical care you need. Delays in starting treatment and stopping before treatment is completed allows the insurance company to argue your injuries weren’t bad or you must have been healed earlier than expected. Protect your case and promptly seek treatment that’s recommended.

4. Self-referring to other types of treatment without consulting your doctor. An injury case is very often dependant on your primary doctor’s expert opinion regarding if you were injured and the severity of that injury. If you go to a chiropractor or other health care provider without first discussing it with your primary doctor it can look like you may be seeking unnecessary care. Keeping your primary doctor in the loop and in your corner protects your case.

By following through on the treatment your doctor recommends and keeping your doctor in the loop on all decisions as to what kind of treatment to seek you continue to build the foundation of your injury case while defeating more of the arguments insurance companies love to make against you. 

In Part III we’ll look at what errors can happened when you skip treatment appointments, fail to disclose preexisting injuries, and don’t have your car or health insurance pay your medical bills.

Part I

When you’re in a car accident or other injury causing accident medical treatment is often required to heal your injuries.  If another person is responsible for causing the accident you may have an injury case to assert against that person. Over the next three posts I will be discussing the Top 7 Errors to Avoid when Treating Car Accident Injuries, so you can make sure you don’t inadvertently damage your case.

Your medical treatment is the foundation that your injury case is built upon. You need to be aware that someone (an insurance company adjuster) down the road may be looking at what medical treatment you received and the records generated by your doctors and other medical treatment providers.

There are some things to avoid regarding your medical treatment to give your injury case the best chance at success. This three part series will tell you the 7 most common errors that insurance companies will use to attack your case in an attempt to minimize the value of your injury case.  The first two errors to avoid are:

1. Not seeking medical treated immediately.  When you have been injured and feel pain do not delay in  seeking medical care.  Not seeking medical treatment immediately often times leads to insurance companies arguing that you must not have been hurt very badly if you were able to wait days or weeks before first seeing a doctor.  Protect your health and your case by seeking medical treatment as soon as possible.

2. Not following the doctor’s instructions.  When your doctor tells you what to do to heal your injuries you need to follow through with what your doctor recommends.  Your doctor is the expert at diagnosing and fixing injuries, and your injury case will likely depend on his expert opinions.  The insurance company will minimize the severity of your injuries because you failed to do what was recommended by your doctor.

Seeking treatment immediately and following your doctor’s recommendations will go a long way to putting your injury case on a firm foundation and defeating some of the arguments insurance companies love to make against you. 

In Part II we’ll look at the importance of following though on the treatment recommended by your doctor and whether self referring to other types of treatment without first talking to your primary doctor is a good idea.