4 Things You Can Do to Destroy the Insurance Company’s Medical Defenses to Your Personal Injury Clai
In almost every case, the insurance company will argue that the victim’s injuries are not related to the accident. In doing so, the insurance company will point to many different factors, such as prior injuries, lack of medical treatment, and conduct on the part of the victim that it believes to be inconsistent with the injury complained of. These are just a few of the factors, and the list is exhausting.
There are steps you can take to undermine many of these defenses right from the start of your case that will help ensure that you receive full compensation for your injuries. Here are a few.
Make Sure to Tell the Police and Other Emergency Personnel About All of Your Injuries at the Scene of the Accident
When you’re involved in a car accident, the last thing you want to do is to sit around the scene of the accident waiting for the police to arrive. You probably also don’t want to have to seek medical help right away. Because of this, many people simply exchange information with the other driver or, if the police are called, they downplay their injuries thinking they will simply go away on their own. The problem is, more often than not, the injuries don’t just go away.
After a car accident, it is important that you take the necessary steps to immediately start documenting your injuries, whether you think they are serious or not. If they later resolve, that’s great. If not, you will be well on the road to undermining many of the insurance company’s favorite defenses.
The best way to immediately start documenting your injury is to call the police. The police will ask you if you are injured. Make sure to tell them every part of your body that hurts. They will write this down to document it. Similarly, if other emergency personnel arrive, tell them about all of your injuries as well. Insurance companies love to claim that if you don’t complain about an injury right away after an accident, then it must not be related to the accident. You can avoid this by simply telling the police or other emergency personnel about all of your injuries, whether you believe them to be serious or not.
Go to the Doctor Right Away
Nobody likes to go the doctor. However, after a car accident (or any other type of accident), it is important that you seek medical treatment immediately. Insurance companies look very closely at the time of the accident versus the date that you first see a doctor. If more than a few days pass, you can expect that the insurance company will use this against you. Insurance companies believe that if you are hurt, you will see a doctor. If you don’t go to the doctor, then you must not be hurt. This is their mentality. Unfortunately, many jurors feel the same way. You can take this argument away from the insurance company by simply getting evaluated by a doctor (or chiropractor, etc.) as quickly as possible after your accident.
Tell the Doctor Everything
It is imperative that when you see a doctor after a car accident, that you tell the doctor everything. This means not only telling the doctor about your injuries, but also telling the doctor how they were caused. If you don’t tell the doctor that you were in an accident, the doctor won’t document it. More importantly, you also have to tell the doctor about any prior injuries you may have suffered to the same body part before the accident (whether it was years earlier or not), and explain to the doctor how your symptoms now are different. Although your doctor may not ask about this, it is important that you tell him or her anyway so that this information can be documented in your medical records. If you don’t do this, the insurance company will not only try to blame your injury on your prior one, but it will also point out that you failed to tell your doctor about it and claim that this is all part of some big scheme to help you recover money in your personal injury case. This can be avoided by fully disclosing everything to your doctor so that everything gets documented. This way, if the doctor is later asked about it, he or she can say that they came to their opinions knowing all the facts about your medical condition.
Follow Up on All Your Doctor’s Recommendations
In any accident claim, following up on your doctor’s advice is just as important as seeing your doctor in the first place. If you fail to do so, the insurance company won’t believe that your injury is serious. Moreover, if you have to go to trial on your claim, you will have to try to explain and give the jury a good reason why you failed to follow up on your doctor’s recommendations. In our experience, whenever you have to try to explain these types of issues, you lose credibility with a jury. Because of this, it is important that you do everything your doctor asks of you.
Trust SouthShore Injury Attorneys With Your Florida Personal Injury Claim
Finding a qualified personal injury attorney to handle your Florida personal injury claim is just as important as following all the steps outlined above. The attorneys at SouthShore Injury Attorneys handle only personal injury claims, and are experienced in representing personal injury cases throughout the State of Florida. If you’ve suffered injuries in a Florida accident, contact SouthShore Injury Attorneys at (813) 419-3866 for a free consultation.
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