Each year, millions of individuals are harmed nationwide in personal injury incidents. This number tends to suggest many of us will, at one time or another, sustain some type of personal injury. If you find yourself included in this number at some point in time, it is important to understand the importance of seeking and obtaining medical treatment for the injuries you sustained. In fact, attending medical appointments in order to obtain necessary treatment can be viewed as one of the most important stages during personal injury cases.
The importance of consistently attending medical appointments in personal injury cases is twofold. First, and most important of all, consistent medical treatment can help restore an injured individual to the same physical condition they were accustomed to pre-incident. On the other hand, failing to receive necessary medical treatment can be detrimental to your health and physical condition. For example, failing to seek or consistently attend medical treatment could result in an aggravation or worsening of the physical injury, changing what could have otherwise been a minor injury into something far more significant.
Second, insurance adjusters and opposing parties often consider the course of medical treatment an injured individual underwent to determine what they believe the value of a personal injury case to be. If an individual fails to receive proper and necessary medical treatment, the value of their case would likely be significantly reduced, as it can be argued that the incident and any injuries associated with the incident were not serious.
Ways to Enhance the Credibility of Your Personal Injury Claim
Whether realized or not, the victim or injured individual in a personal injury case plays an extremely significant role in the success of their personal injury claim. Contrary to what some people may think, being involved in a car accident, slip and fall, dog bite, etc. – on its own – will most likely not result in the person receiving a high compensation award, nor are personal injury cases designed for such to occur. Instead, personal injury cases are designed to fairly and justly compensate individuals who have sustained some type of identifiable economic or non-economic loss as the result of an incident. Whenever an insurance adjuster or opposing party evaluates the economic and non-economic damages an individual sustained, they will often analyze the credibility of certain factors including, but not limited to: (1) the believability of the injury sustained; and (2) the compliance with prescribed courses of medical treatment.
Believability of the Injury:
Due to the fact the value of most personal injury claims is largely tied to the severity of the injury sustained, insurance adjusters and opposing parties will often meticulously scrutinize the medical treatment the injured person received. If a certain course of medical treatment is recommended or prescribed by a doctor, but the injured individual fails or refuses to undergo the prescribed treatment, an insurance adjuster or opposing party could argue the injured individual was not as hurt as they claimed to be. This is significant because if a personal injury case ends up going to trial, the jury will be tasked with evaluating the believability and credibility of every witness, including the victim/injured individual. If an opposing party is able to convince jurors that the injured individual provided a false narrative as to the severity of their injuries, the jurors may, in turn, refuse to believe other allegations offered on the injured party’s behalf, such as how the incident even occurred. This is often referred to as impeachment of a witness’s credibility, which can be detrimental to the ultimate outcome of a case.
Compliance with the Prescribed Course of Medical Treatment:
Once an injured individual has received a recommendation from a medical professional to undergo a certain course of treatment, it is important for the person to comply with the recommendation. This includes attending all medical appointments. Missing or failing to attend a medical appointment can be detrimental to your personal injury claim because it opens the door for an insurance adjuster or opposing party to argue the severity of the injury is not as bad as what the injured party suggests and, if it were, the injured party would have demonstrated a higher level of commitment to attending medical appointments in order to improve their physical condition. The missed appointments could also be offered as evidence in court to attack and otherwise question the credibility or validity of the personal injury claim.
Missed appointments can also impede the doctor’s ability to properly diagnose injuries and determine the proper course of treatment. It can also prolong the recovery time and decrease the possibility of the injured individuals making a full physical recovery. Even if you begin feeling better during the course of your medical treatment, it is important to keep all scheduled medical appointment to comply with the prescribed course of treatment as it is not uncommon for pain or injuries to return if treatment is ended prematurely.
3 Things You Can Do To Help Your Personal Injury Case
1. Remain consistent as it relates to medical appointments – Consistency will be shown throughout your medical records. For example, medical records often note the number of times a patient has missed scheduled appointments. Being consistent and attending every appointment will help validate the extent of your injury as well as your commitment to improving your physical condition.
2. Maintain a diary – It is no secret that memories naturally fade over the course of time. However, in personal injury cases, you may be asked to recall certain feelings, pain, and experiences that occurred near the time of the incident and various points in time thereafter. This can certainly be difficult to do, based on the amount of time passed between the event and the time the questions are eventually asked. Maintaining a dairy or log of your physical condition can help preserve your memory for this type of situation.
3. Come prepared for all medical appointments – Because medical records are heavily relied upon to determine the severity of injuries sustained, it is important the records are complete. Sometimes it can be difficult for individuals to remember to mention certain pain, feelings, or other limitations when asked on the spot. One way you can avoid forgetting to discuss said topics with the doctor during your visit is to mentally prepare prior to your medical appointment, even if that means writing certain issues or talking points down. Doctors are unable to note things in your medical records that go unnoticed or not relayed during your visit.
Call The Swanson Law Firm Today to Get Started!
Obtaining knowledgeable and experienced legal representation to fight for fair and just compensation on your behalf can be extremely important to the success of your personal injury case. If you or a loved one have been injured as the result of a car accident, call The Swanson Law Firm today to schedule your free consultation.
Comments