Washington Injury Law Blog

 

As a Kirkland injury accident attorney I handle many cases involving very serious injuries. I am frequently asked questions by clients and family members about issues common in many injury accidents. I want to provide you with some good information and tips about serious injury cases in Washington, so I’ve decided to do a series of blogs on the frequently asked questions I get about injury accidents in Washington.

 

Q:   If an insurance adjuster calls me after my accident to ask me questions, can I talk to her?

 

Of course you can, but I don’t recommend it following a serious accident. The insurance adjuster is calling to get you to make statements (usually in a recorded call) about the events leading up to and including the accident. They will also ask you about your injuries and whether you went to a hospital or a doctor following the accident. They will ask how you’re doing and if you missed work. She will be looking for ways to limit your claim based on your answers.

 

The inherent problem with talking to an adjuster following a serious accident is that they’re probing and trying to make a record of your statement. They can then use it against you at a later time should you bring a lawsuit against the driver or owner of the other car involved in your accident. They will also use it against you even if you don’t have an attorney, they will often try to make you feel guilty for not have recovered from your injuries quickly enough or that you’re going to the doctor too much. Don’t fall for the insurance companies deceptive tactics.

 

If an insurance adjuster calls to talk to you, tell them you’ll be happy to speak to them, after you speak with your attorney. Or better yet order my free book “The Guide to Washington Injury Cases” by clicking here. My special report will give you some good information about handling injury accident claims before you speak with that willy insurance adjuster.

While walking home from work I stopped at a crosswalk before crossing the street. The way was clear so I started walking across the street when a car suddenly turned right in front of me and ran over my right foot. As a result my foot was broken and now I have permanent nerve damage that makes it so the bottom of my foot under my toes is always numb. This is the story of one of my client’s told during our first meeting, let’s call him Bruno.

 

Bruno was lucky that the car that ran over his foot had Personal Injury Protection (PIP) insurance, which pays for the medical bills of pedestrians injured in a Washington car accident. In most cases PIP pays for your injuries that you suffer when in a car accident. Only those in your car are covered. But when you hit a pedestrian your PIP insurance also pays for the pedestrians medical bills.

 

Washington voters recently approved R-67 (aka Fair Insurance Conduct Act), which is a new law aimed at holding insurance companies accountable for their bad faith practices in handling PIP claims. The Fair Insurance Conduct Act took effect December 6, 2007.  Bruno has had first hand experience with the insurance company handling his PIP claim wrongfully.

 

In Bruno’s case the PIP insurance adjuster is only paying a portion of each bill submitted by some of Bruno’s doctors. Washington law does not allow this kind of off the top discounting on the opinion of an insurance adjuster. When this happens a bad faith claim arises against the insurance company. The Fair Insurance Conduct Act established an advance notice procedure prior to filing a lawsuit to collect the PIP insurance benefits owed. Notice is sent to the insurance company and Office of the Insurance Commissioner for Washington (OIC) 20-days before a lawsuit is to be filed, giving the insurance company one last opportunity to resolve the dispute.

 

During the battle over R-67 the insurance industry claimed PIP bad faith was not a big problem. It appears as usual the insurance companies were lying to us consumers. There were about 56 notices sent to the OIC from Dec. 6 to Dec. 31, and about 11 more in the first week of January. Prior to the new law taking effect from May 2007 to the end of November 2007 there were about 78 consumer notices of bad faith conduct by insurance companies.

 

That’s a lot of lawsuits that are about to be filed against insurance companies because they’re treating their own customers wrongfully. If you are dealing with a PIP claim and the insurance company is refusing to pay your medical bills, it’s important that you speak with an attorney experienced in handling Washington injury cases. You paid for the PIP insurance and it should be available when you need it after a car accident.

15 STEPS YOU CAN TAKE TO REDUCE YOUR

RISK OF A HOSPITAL INFECTION

 

Infections are dangerous these days especially with the untreatable MRSA floating around. Tennessee attorney Morgan Adams who authors the Truck Injury Lawyer Blog found a great article detailing ways to protect yourself from getting infections while admitted to a hospital.  If you have a family member going to or  in the hospital following a car accident, motorcycle accident or any other treatment requiring a hospital stay PLEASE read the article below.  For a link to the article see: www.hospitalinfection.org/protectyourself.shtml

 

Most of us will have to go into the hospital some day. Here are specific steps you can follow to protect yourself from deadly hospital infections:

 

1. Ask that hospital staff clean their hands before treating you, and ask visitors to clean their hands too. This is the single most important way to protect yourself in the hospital. If you’re worried about being too aggressive, just remember your life could be at stake. All caregivers should clean their hands before treating you. Alcohol-based hand cleaners are more effective at removing most bacteria than soap and water. Do not hesitate to say: “Excuse me, but there’s an alcohol dispenser right there. Would you mind using that before you touch me, so I can see it?” Don’t be falsely assured by gloves. If caregivers have pulled on gloves without cleaning their hands first, the gloves are already contaminated before they touch you. 1

 

2. Before your doctor uses a stethoscope, ask that the diaphragm (the flat surface) be wiped with alcohol. Stethoscopes are often contaminated with Staphylococcus aureus and other dangerous bacteria, because caregivers seldom take the time to clean them in between patient use. 2

 

3. If you need a “central line” catheter, ask your doctor about the benefits of one that is antibiotic-impregnated or silver-chlorhexidine coated to reduce infections. 3

 

4. If you need surgery, choose a surgeon with a low infection rate. Surgeons know their rate of infection for various procedures. Don’t be afraid to ask for it.

 

5. Beginning three to five days before surgery, shower or bathe daily with chlorhexidine soap. Various brands can be bought without a prescription. It will help remove any dangerous bacteria you may be carrying on your own skin. 4

 

6. Ask your surgeon to have you tested for methicillin-resistant Staphylococcus aureus (MRSA) at least one week before you come into the hospital. The test is simple, usually just a nasal swab. If you have it, extra precautions can be taken to protect you from infection. 6

 

7. Stop smoking well in advance of your surgery. Patients who smoke are three times as likely to develop a surgical site infection as nonsmokers, and have significantly slower recoveries and longer hospital stays. 7

 

8. On the day of your operation, remind your doctor that you may need an antibiotic one hour before the first incision. For many types of surgery, a pre-surgical antibiotic is the standard of care, but it is often overlooked by busy hospital staff. 8

 

9. Ask your doctor about keeping you warm during surgery. Operating rooms are often kept cold, but for many types of surgery, patients who are kept warm resist infection better. 9 This can be done with special blankets, hats and booties, and warmed IV liquids.

 

10. Do not shave the surgical site. Razors can create small nicks in the skin, through which bacteria can enter. If hair must be removed before surgery, ask that clippers be used instead of a razor. 10

 

11. Avoid touching your hands to your mouth, and do not set food or utensils on furniture or bed sheets. Germs such as “C. Diff” can live for many days on surfaces and can cause infections if they get into your mouth.

 

12. Ask your doctor about monitoring your glucose (sugar) levels continuously during and after surgery, especially if you are having cardiac surgery. The stress of surgery often makes glucose levels spike erratically. When blood glucose levels are tightly controlled, heart patients resist infection better. Continue monitoring even when you are discharged from the hospital, because you are not fully healed yet. 12

 

13. Avoid a urinary tract catheter if possible. It is a common cause of infection. The tube allows urine to flow from your bladder out of your body. Sometimes catheters are used when busy hospital staff don’t have time to walk patients to the bathroom. 13 If you have a catheter, ask your caregiver to remove it as soon as possible.

 

14. If you must have an IV, make sure that it’s inserted and removed under clean conditions and changed every 3 to 4 days. Your skin should be cleaned at the site of insertion, and the person treating you should be wearing clean gloves. Alert hospital staff immediately if any redness appears.

 

15. If you are planning to have your baby by Cesarean section, follow the steps listed above as if you were having any other type of surgery. 14

 

1] Studies show that, nearly three quarters of patients’ rooms are contaminated with MRSA and 69% with VRE. In one study, 42% of gloves worn by hospital personnel who had no direct patient contact but who touched contaminated surfaces became contaminated. Boyce JM et al., “Environmental contamination due to methicillin-resistant Staphylococcus aureus: possible infection control implications,” Infection Control and Hospital Epidemiology 18.9 (1997): 622-627. A Concensus Statement by a multidisciplinary group of experts asked by the American Medical Association to provide guidelines for infection control cautions that: “In some cases caregivers actually go from patient to patient without changing their gloves, apparently confusing self-protection” with patient protection. Goldmann DA et al., “Strategies to Prevent and Control the Emergence and Spread of Antimicrobial- Resistant Microorganism in Hospitals,” JAMA 275.3 (1996): 234-240.

 

[2] Routine disinfection of stethoscopes between patients is recommended by the American Medical Association. Salgado CD, Farr BM, “MRSA and VRE: Preventing Patient-to-Patient Spread,” Infections in Medicine 20 (2003):194-200; Marinella MA et al., “The stethoscope: a potential source of nosocomial infection?” Archives of Internal Medicine,157.7 (1997): 786-90; Zachary KC et al., “Contamination of gowns, gloves, and stethoscopes with vancomycin-resistant Enterococci,” Infection Control and Hospital Epidemiology 22.9 (2001): 560-564; Noskin GA et al., “Recovery of vancomycin-resistant Enterococci on fingertips and environmental surfaces,” Infection Control and Hospital Epidemiology 17.12 (1996): 770-772.

 

[3] The Agency for Healthcare Research and Quality recommends use of antibiotic catheters as one of its eleven patient safety practices. Making Healthcare Safer: A Critical Analysis of Patient Safety Practices. AHRQ Publication 01-E058, 2001. Also see: Darouiche RO et al., “A comparison of two antimicrobial-impregnated central venous catheters,” New England Journal of Medicine 340.1 (1999): 1-8; Raad I et al., “Central venous catheters coated with Minocycline and Rifampin for the prevention of catheter-related colonization and bloodstream infections,” Annals of Internal Medicine 127.4 (1997): 267-274.

 

[4] The following four studies support this suggestion : (1) Vernon MO et al., “Chlorhexidine gluconate to cleanse patients in a medical intensive care unit,” Archives of Internal Medicine 166 (2006): 306-312. (2) Hayek LJ et al., “Preoperative whole body disinfection – a controlled clinical study,” Journal of Hospital Infection 11, Suppl. B (1988): 15-19 This study showed that two chlorhexidine showers reduced total infection rate by 30% and Staph aureus infections by 50%. (3) Byrne DJ et al., “Rationalizing whole body disinfection,” Journal of Hospital Infection 15.2 (1990): 183-187. This study shows that a single shower does not maximize skin disinfection. The authors conclude that three showers should be recommended. (4) Daryl S. Paulson, “Efficacy Evaluation of a 4% Chlorhexidine Gluconate as a Full-Body Shower Wash,” published by the Association for Practitioners in Infection Control (1993). This study found that showering for five days with chlorhexidine yielded maximum results for reducing bacteria on the skin, and keeping it low for 24 hours or more. “A 1 or 2 day presurgical application period is simply too short to establish the necessary levels of residual antimicrobial properties to be of value in reducing post-surgical infection rates.”

 

[6] Worcester S, “Hospital system takes on MRSA,” Internal Medicine News 38.19 (2005): 1-2.

 

[7] Kurz A et al., “Perioperative Normothermia to Reduce the Incidence of Surgical-Wound Infection and Shorten Hospitalization,” New England Journal of Medicine 334.19 (1996): 1209-1215.

 

[8] The Institute for Healthcare Improvement guidelines for improving infection prevention state that: “Administration of prophylactic antibiotics beginning 0 to 1 hour prior to surgical incision decreases the risk of surgical infection. http://www.ini.org/IHI/Topics/PatientSafety/

SurgicalSiteInfections/ImprovementStories (accessed 10-14-02). See also: Burke JP, “Maximizing appropriate antibiotic prophylaxis for surgical patients: an update from LDS Hospital, Salt Lake City,” Clinical Infectious Diseases 33, Suppl. 2 (2001): S78-83.

 

[9] Ibid., the Institute for Healthcare Improvement Guidelines for improving infection state that “surgical patients with core temperatures greater than 36 degrees C./ 98.6 degrees F are less likely to get an infection.”

 

[10] Ibid., the Institute for Healthcare Improvement states that “clipping instead of shaving results in decreased infection rates,” and recommends that patients be told “not to shave the surgical site for 72 hours prior to surgery.”

 

[12] Pittsburgh Regional Healthcare Initiative, “PHRI Executive Summary,” (June, 2005).

 

[13] Urinary tract infections are the most common hospital-acquired infections. Limiting the use and duration of urinary tract catheters reduces risk of infection. See: Puri J et al., “Catheter Associated Urinary Tract Infections in Neurology and Neurosurgical Units,” Journal of Infection 44.3 (2002): 171-175; Stephan F et al., “Reduction of Urinary tract infection and antibiotic use after surgery: a controlled, prospective, before-after intervention study,” Clinical Infectious Diseases 24 (2006): 1544-1551.

 

[14] Killian CA et al., “Risk Factors for Surgical-Site Infections Following Cesarean Section,” Infection Control and Hospital Epidemiology 22.10 (2001): 613-7.

Attorney Jonathan Stein author of the California Personal Injury and Insurance Blog has an interesting recent post about Allstate. It appears that Allstate thinks a Missouri judge and the Missouri Supreme Court do not know what the law is. This seems to be Allstate’s position in a bad faith case in Missouri. The bad faith case arises from a rear-end car accident that an Allstate customer caused and Allstate refused to pay the claims its customer owed for years. 

According to Joe Lambe of the Kansis City Star Allstate was ordered in September to turn over documents that plaintiff’s attorneys allege may show that in the 1990’s Allstate set up a claims payment systems that short changed clients while earning Allstate huge profits. The MO judge set the fine for Allstae’s refusal to produce the documents at $25,000 per day. In November the MO Supreme Court agreed with the judge, yet Allstate continues to refuse to produce the documents.

This is where it gets good. Allstate’s attorney told the MO judge that Allstate had a principled difference they’re “not able to resolve until somebody says what the law is.” Everyone generally knows it’s the courts who tell us what the laws is. The courts decide what the law is and we follow what it says, it’s that simple.  Allstate’s attorney then told the judge Allstate would not turn over the 12,500 documents without protective order sealing the records from public view. You have to wonder what is Allstate fighting so hard to hide?

The judge in response told Allstate he had told them what the law was. But Allstate seems to have decided the judge was wrong, the Mo Supreme Court is wrong, and the law doesn’t apply to them. Apparently, Allstate lives by some other set of laws that only apply to them. 

As Jonathan Stein said in his post Allstate is fighting awfully hard to keep these documents secret and I’ll bet that if made public they would strike a might blow to Allstate and its image of “good hands.” We’ll have to see how this turns out.

  

One of my goals in this blog is to help those of you handling your own injury claim. I found a great blog post by attorney Jonathan Stein at the California Personal Injury & Insurance Blog about the various levels of insurance adjusters that may shuffle through your case. Here is his post:

Their is a hierarchy of adjusters. It goes something like this:

Step 1:         When you first report a claim, if the report comes in as property damage only and it is a clear liability case, the claim is assigned to a fast-track adjuster. These people handle claims quickly, but do not deal with injuries or arguments about fault. Some insurance companies, if not most these days, use these people to deal with any non-injury claim.

 

Step 2:          Your claim involves clear liability (in other words, everyone agrees that the guy who hit the parked car is at fault) and an injury, then you get into an adjuster who handles injury claims. But, as you probably figured, there is a catch. Call them step 2A and step 2B.

              Step 2a:  2a involves clear liability claims with subjective injuries. In other words, soft tissue type claims like whiplash. There is one type of an adjuster for these cases, usually someone promoted from step 1.

              Step 2b: 2b involves clear liability claims with objective injuries. In other words, someone has a broken bone. This is usually a promotion from 2a.

 

Step 3:          Step 3 involves disputed liability claims with an injury. At this point, most insurance companies do not break claims down into subjective and objective. Disputed liability with an injury usually ends up here.

 

Step 4:          Attorney represented claims. Up until now, steps 1 through 3, the claims involved people trying to do it themselves. Once you get an attorney, you move to step 4. And you are lucky. Seriously. These are better quality adjusters with more experience who understand the system. They try to resolve most cases without lawsuits being filed.

 

Step 5:          Litigation adjusters. These are the adjusters who take step 4 claims after a lawsuit has been filed. Usually, they are the most experienced adjusters and understand how to resolve cases, and what a case is truly worth. These are, in my experience, the best adjusters.

 

Now, is this true for every insurance company? Of course not. But, it is true often enough. Now you will at least have some idea who you are dealing with and why you may be passed around like a hot potato.

In Washington the same type of adjuster switching occurs. Please remember that the insurance adjusters at all levels are trained how to speak to you and how to use your words against you. Don’t give that records statement or sign anything until you have ordered my FREE book – The Guide To Washington Injury Cases and get the basic info you need before speaking with any insurance adjuster.  

When I get a call from an accident victim they usually start off by tell me about the car accident, but eventually they work their way up to dropping the big one.  “The guy who hit me doesn’t have car insurance what can be done?” This can spell trouble for you if you find yourself in such a situation.  My first response is to ask if they have Uninsured / Underinsured Motorist Coverage on their own car insurance policy.  Many times there is silence, followed by the question what’s Uninsured / Underinsured Motorist insurance?  Good question, let’s take a look.

 

So what happens if while you’re driving you’re hit and injured by someone driving a car without any insurance? Unfortunately, this happens all the time despite Washington law stating all drivers must carry at least $25,000 in liability insurance. Uninsured Motorist (UM) Insurance steps into the shoes of a person driving without any insurance who then hits your vehicle. UM provides the insurance coverage that the car that hit you should’ve had. UM protects you against those people who break the law by driving without insurance in the State of Washington and then get in a car accident.

 

In Washington all auto liability insurance policies must (unless you sign a waiver declining it) carry at least $25,000 in UM / UIM benefits to cover injuries suffered by an individual because of another person’s negligence.

 

There’s also a second situation that comes up. What if the person who hit you has some insurance but no enough to cover all of you damages suffered in the car accident?

 

In this second situation Underinsured Motorist (UIM) Insurance steps into the shoes of the driver who has insurance but not enough coverage to pay for all of your damages, like medical bills, lost wages, and pain and suffering. UIM provides an additional lay of protection for you. UIM gives you added protection when a motor vehicle accident has  caused to suffer serious injuries.

 

In a car accident involving an uninsured or underinsured but negligent defendant, you make an injury claim under your own UM/UIM insurance policy. Your own insurance company then steps into the shoes of the negligent person who caused the accident and settles your claim or pays you any verdict by a jury. You should not feel bad about using your own car insurance to pay for damages from a car accident caused by someone else because that is exactly what UM/UIM insurance is designed to cover and why you purchased it. You paid the money for the coverage, so you shouldn’t feel bad when you use it!

 

What happens if I’m a passenger in a car that is hit by an uninsured driver and the car I’m a passenger in does not have any or enough UM insurance to cover my medical bills, but I have a UM/UIM policy under my own car insurance policy?

 

In this situation there are two insurance polices that can provided benefits to you. The car that you were a passenger will provide the primary coverage for you. If that policy does not exist or is not enough to fully compensate you for your injuries, then you can make an injury claim under your car’s UM/UIM policy. The amount available to you depends on the language in your UM/UIM policy.

 

Washington law sometimes allows the “stacking” of these two UM/UIM insurance policies to give you an adequate pool of funds to cover all the injuries you suffered in the car accident. For example, if the car you were a passenger had $25,000 in UM coverage available, and your own car insurance had $100,000 UIM coverage, you would have a $125,000 pool of funds to cover your injury claim.

 

However, sometimes the language of your UM/UIM insurance policy prohibits “stacking” of policies. When “stacking” is not allowed, the UM/UIM insurance policy available with the highest policy limits sets the total amount that is available to you. So, if the car you were a passenger had $25,000 in UM coverage available, and your own car insurance had $100,000 UIM coverage, your car insurance would set the limit on the total amount of insurance coverage available to you. The total available insurance for your case would be $100,000.00, because your UIM insurance had the highest policy limit. Therefore, the first $25,000 would come from the car you were a passenger in and your UIM insurance would only be responsible for the remaining $75,000. I know it gets complicated fast, that’s why you may want to consult an experience injury attorney if you been in an injury accident.

 

Uninsured / Underinsured Motorist insurance coverage is a way for you and your family to protect yourself against irresponsible drivers who drive without insurance or without adequate insurance coverage. I carry the highest limits that my insurance company will sell and I think you should as well.

 

Hopefully, this post has helped clear up some questions for you.  If you have additional questions about UM/UIM you contact me by filling out the form on this blog or giving me a call.

Insurance is one of those necessary evils in life.  We hate to have to pay for it, but when we need it it makes all the difference.  Built in to many vehicle insurance policies (also other types of insurance policies, including homeowners insurance) is a form of health insurance called by various names, including Personal Injury Protection (PIP) or med-pay.

 

This coverage is available to the driver and any passengers in the insured vehicle for injuries sustained, regardless of the fault of the driver. It is important to note that the insurance policy of a driver who hits another car does not pay the medical bills of the people he may injure in the other car under his PIP benefits or med-pay in most situations. (Liability insurance covers this instead.)

 

PIP benefits are limited to the driver of and passengers in the insured vehicle. The injured person looks to his own insurance policy or the policy on the vehicle in which he was a passenger for PIP or med-pay benefits. There is an exception to this general rule for Pedestrians and Bicyclists. In Washington pedestrians and bicyclists may be covered by PIP benefits of the car that hits and injures them, but only if the car had PIP insurance which can be waived.

 

Depending on the state, lost wages from missing work due to your injuries may be covered by PIP benefits, and are also known sometimes as economic loss protection benefits. Simple med-pay benefits ordinarily do not include reimbursement of lost wages.

The amount of PIP, med-pay, or economic loss protection benefits available is determined by reference to the policy limit for this particular type of coverage, which may, in turn, be dictated by the law of the state in which the policy is issued.

 

In Washington all auto liability insurance policies must (unless you sign a waiver declining it) carry at least $10,000 in PIP benefits to cover medical bills, lost wages or any combination of the two. Many insurance companies offer higher limits and you should be able to get $35,000 PIP limits for very low additional cost. 

 

I recommend you carry as much PIP insurance as possible.  With the high cost of medical care these days, your medical bills can quickly add up to $10,000 for a relatively minor injury car accident.  If you’re in a car accident and seriously injured requiring hospitalization or surgery, $10,000 can be gone in a couple days or in one surgical procedure. Protect yourself and your family and purchase as much PIP insurance as you can afford. I do and sleep better because of it! 

I have been asked on many occasions to explain what kind of case qualifies as a  personal injury case.  Lots of people have heard the term “personal injury,” or even been told by a lawyer that he handles “personal injury cases” or “car accident cases,” but what does that mean?

 

A personal injury case in general is any type of claim where a person has been injured or sometimes even killed due to someone else’s fault.  There are legal terms and rules in determining “fault” but let’s just assume we know who the person is that’s 100% responsible for causing the injury you suffered.  Injury cases can be car accidents, semi-truck accidents, motorcycle accidents, bicycle accidents, pedestrian accident, or other injury or even death causing accidents. 

 

Any time you are injury because of someone else’s fault you may have a personal injury case.  To have a personal injury case you must have an injury to your body. For example in car accidents, when the damage is solely to your car you do not have a personal injury case. However, if your car was damaged you have a property damage claim. In many car accidents your car will be smashed up and you will be injured, in these cases you have both a personal injury and property damage claim. When this happens, the insurance company will usually, but not always, fix your car without too much trouble to you.  Personal injury cases focus on the injuries to your body and the insurance companies are often times much less cooperative when it comes time to discuss resolving your injury case.

 

In the most serious accident sometimes a person’s injuries are so bad that death results.  When an injury accident causes a person’s death a “wrongful death” claim may arises.  I truly hope that you never find yourself in this situation, but if you do I recommend you find an attorney who understands the complexity of Washington wrongful death laws. 

 

Point to remember: If someone else’s carelessness or negligence caused you to suffer an injury to your body you have a personal injury case.

Over my three part series I have explained the Top 7 Errors to Avoid When Treating your Car Accident Injuries. All 7 errors to avoid are listed below.  Car accident victims often don’t have the information they need at the time of the accident when they start receiving medical care for injuries caused by the car accident. Hopefully by reading the below list you have gained some useful insight into how to protect your injury case.

 

It doesn’t matter whether you ultimately hire and attorney to help you on your injury case or not, the insurance companies will always look for these errors and use them against you when they find them. Everyone deserves to be treated fairly. It’s my hope to level the playing field a little for you by providing this information.

 

Here are the Top 7 Errors to Avoid when Treating your Car Accident Injuries:

 

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.

 

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.

 

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.

 

Just because you were in a car accident that someone else caused that doesn’t mean that you should be made to feel guilty or defensive about getting medical treatment you need to heal. Being injured in a car accident is serious and may only happen once in your lifetime.  Don’t hurt your case by committing the above errors in the assumption everything will work out in the end. Nobody is going to take care of you except you. 

 

Insurance companies are in the business of making money and will generally only do the minimum required regardless of how long you’ve been a customer. However, that doesn’t mean just because you were in a car accident that someone else caused you should be made to feel guilty or defensive about getting medical treatment you need to heal. 

 

Healing from injuries suffered in a car accident can be time consuming, frustrating and stressful. But if you want to receive fair compensation for the injuries caused by the car accident you need to work at getting better by being diligent in your treatment, honest with your doctor and taking advantage of available insurance coverage. Doing these things and avoiding the top 7 errors when treating your car accident injuries will in most cases establish a solid foundation for your injury case, and help you maintain the full value of your case when it comes time negotiation a settlement or file a lawsuit.

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.