Following an accidental injury, always seek immediate medical treatment. Any gaps in personal injury treatment can result in increased injuries that would have been prevented with a timely diagnosis. In such circumstances, insurance adjusters can even assert that your injuries were not a result of the said accident and, therefore, they have no liability.
At Dyer, Garofalo, Mann & Schultz, we have seen a number of people who didn’t see the doctor on time, which affected their claim for compensation. These circumstances can lead to a lower settlement or even a loss of total compensation for your personal injury case. Our legal team advises victims to avoid gaps in the treatment of personal injuries so as to maximize their compensation for injuries. Once you begin treatment, seek legal help from our personal injury attorneys.
Personal injuries can stem from various incidents that determine the type of injury one sustains. For example, auto accidents, slip and fall accidents, and construction site accidents are known to cause severe injuries. The nature of these injuries often needs immediate and continuous medical attention to ensure proper healing. Some of these injuries include:
In a personal injury case, there are a lot of moving parts. Your case will typically go through several phases, each with a set of actions. These include the following:
This phase involves meeting with an attorney to discuss the details of your case. The attorney will gather facts, review medical records, and assess the viability of your claim. It is, therefore, important to provide all relevant information and documentation during this phase for a thorough evaluation.
Continuous medical treatment is important not only for your health but also for the strength of your case. This is because medical records will act as evidence that directly connects your injuries to the incident.
Medical gaps can adversely affect personal injury cases. Therefore, be sure to seek immediate medical attention and follow your healthcare provider’s recommendations. Remember to keep detailed records of all treatments and expenses.
Once enough information is gathered, your personal injury attorney will initiate a claim against the liable party’s insurer, which includes sending a demand letter that outlines the following:
Insurance companies often respond with an initial settlement offer. Usually, this offer may be lower than expected. Your lawyer will represent you in negotiations to ensure that you receive a fair deal. This phase can involve multiple rounds of offers and counteroffers.
If negotiations yield a satisfactory settlement, the case may proceed to litigation. This involves filing a lawsuit officially and entering the discovery phase. This phase involves both parties exchanging information and evidence. During this stage, depositions, interrogatories, and document requests will occur.
If the case does not settle during litigation, it will go to trial. The defendant and the plaintiff will present their evidence and arguments before a judge, who then decides the outcome and issues an award for compensation.
If either party finds themselves dissatisfied with the outcome of the trial, they have the right to challenge the decision by filing an appeal. This allows for a higher court to review the case and make a determination on the fairness and correctness of the original trial’s judgment. Possible outcomes in this phase include:
Regarding personal injury claims, gaps in your medical treatment can significantly impact your case. These gaps create several essential considerations:
Personal injury claimants have a responsibility to take all necessary steps to recover from their injuries as promptly and effectively as possible. Timely interventions have been shown to stabilize the condition of victims suffering from traumatic brain injury (TBI). This means failing to seek timely medical treatment can hinder your body’s healing process. This could give the defendant an opportunity to dispute liability.
Gaps in treatment may raise questions about whether another accident or incident occurred that could have caused or exacerbated your injuries.
For example, if you seek medical attention 12 months after suffering a slip and fall accident, there could be problems with obtaining compensation. Insurance companies and opposing parties may use the gap to question the causal link between your injuries and the incident in question.
A significant break in your medical care can inadvertently create the impression that your visits to doctors, physical therapy, or other medical treatments are not genuine or necessary.
For example, you claim to have suffered a severe back injury and began a therapy regimen. After two months, you stop immediately, only to resume after a while. It could be argued that you are manufacturing injuries to obtain compensation. This puts your claim in the question of credibility, potentially leading to disputes over the validity of your injuries.
To strengthen your personal injury claim, seek prompt and consistent medical care, follow your healthcare provider’s recommendations, and maintain a clear record of your treatment journey. This will help demonstrate the legitimacy of your injuries and the seriousness with which you are addressing them.
Gaps in treatment can occur for legitimate reasons. Therefore, they do not necessarily imply that you are not injured.
The initial phase of addressing an injury often involves consultations with healthcare professionals and diagnostic procedures. Sometimes, there may be a reasonable gap between the accident and the start of treatment as medical experts conduct comprehensive assessments. This initial gap is essential to ensure that the right course of action is taken and the treatment plan is tailored to the specific injuries.
In many instances, particularly with certain types of injuries, the body requires a period of natural healing and recovery before more active medical intervention can begin. For example, minor soft tissue injuries or fractures may initially be managed with rest, ice, and immobilization. During this early phase, there might be a gap in active medical care as the body is given the opportunity to heal naturally. This is a legitimate part of the treatment process.
Complex injuries often require staged treatment approaches. This means there are planned gaps between different phases of therapy to assess progress and adjust the treatment plan accordingly. For example, after an initial phase of physical therapy, there may be a gap to evaluate whether the patient responds well to the treatment or if modifications are needed. These planned intervals are medically justified and should not be viewed as a lack of commitment to recovery.
These scenarios are perfectly understandable. However, you will need to consult with a personal injury attorney. They will document the legitimate reasons behind your treatment gaps. This record will prevent the insurance company from misrepresenting these gaps as a lack of genuine injury or commitment to recovery.
Gaps in medical treatment following a personal injury are often unavoidable for various legitimate reasons. For example, after sustaining an injury, it may take time to fully diagnose the extent of the damage. This waiting period for diagnostic clarity can create a gap between the initial injury and the commencement of targeted treatment.
However, you can do something to prevent gaps from being misinterpreted during the claims process. Here are some steps to take:
Gaps in treatment might raise concerns for insurance adjusters and defense attorneys, but they don’t automatically void your claim. It is always in your best interest to work with an Ohio personal injury attorney to explain and document any treatment gaps clearly. Your attorney can then effectively present this information to insurance companies or in court.
When you have experienced gaps in the medical treatment of personal injuries, it doesn’t mean your case is without merit. At our firm, we understand there are legitimate reasons for treatment gaps that are entitled to proper compensation. A personal injury lawyer will guide you through this process to ensure that your rights are protected. We will build a strong case on your behalf and advocate for your best interests throughout the case. Contact us today for a free case evaluation.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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