Mistake #3
Not seeking immediate medical care or
cooperating fully with your doctor
One of the most critical parts of your case is how you feel and how your injuries affect your ability to function on a daily basis. Your doctor is required to keep accurate and detailed records of your medical history and care. The insurance companies will base the value of your case on your doctor’s medical conclusions and the critical information in your medical records. Don’t let the doctor guess how you are feeling. During every appointment, tell the medical providers exactly how much pain you are in and how your discomfort is affecting you. A single notation from a doctor can change the insurance company’s evaluation of a claim. The assumption by most people (and therefore, most jurors) is that the medical records will be accurate. Since accident victims are required to prove that they were injured in the accident, the trust placed in those medical records becomes central to the process. If there are errors in the records, you must talk further with your doctor and request additional documentation.
Not only is it important to tell your doctor everything that hurts, it is equally important to be honest with the doctor about treatment and injuries prior to your accident. Your doctor will ask you about your prior conditions and base his medical opinions on the information you provide. Once a lawsuit is filed, the insurance companies will obtain your prior medical records. If they are inconsistent with the history you gave to your doctor, it will ruin your credibility and your case.
It is also crucial to follow your doctor’s orders. If your doctor tells you to get therapy three times a week, but you only go once, you will damage your case. We once had a mother of four young boys come into our office. She had sustained a neck injury following an automobile accident. Her doctor recommended physical therapy several times a week. She pushed her treatment aside, however, so she could focus on the needs of her children. She hoped her injuries would get better over time. She finally started her physical therapy after seeing no signs of improvement for four months.
In a sense, her actions were admirable. She tried to move on with her life without making a big deal of her injuries. She tried whatever she could to tough it out and hoped she would get better. What do you think the insurance company did with this information? Believe it or not, the insurance company hired a doctor who was willing to testify that our client must have injured her neck while caring for her young children instead of in her car accident!
Did the insurance company win? No! We were able to fight for her and get a good result, although it took much longer than it would have had she followed her doctor’s orders. These arguments are repeatedly made by insurance adjusters to avoid a fair settlement. The bottom line is this: When you are injured in an accident, you must follow the advice of your doctor and follow up with referrals, or risk something less than a fair resolution of your claim. Even if you have to cancel an appointment or two, make sure there are no significant gaps between visits during the course of your medical treatment.