If you’ve been injured in an accident that was caused by someone else’s negligence, seeking compensation for your injuries and other losses is likely a top priority. In order to have the strongest personal injury case possible, it’s essential that you get prompt medical treatment and follow your doctor’s recommendations. Here’s an overview of why medical treatment is so vital to a personal injury claim.
Documenting Your Injuries
One of the first steps in any personal injury case is proving that you sustained real injuries as a result of the accident. The defendant’s insurance company will likely argue that your injuries are exaggerated or even non-existent. Your medical records and bills are critical for substantiating your injuries. The records will show:
- The diagnosis provided by your doctor
- The results of any tests performed
- The type of treatment recommended
- Ongoing symptoms and complications
Without documentation from a medical professional, you’ll have a hard time convincing the insurance adjuster that you deserve compensation. Treatment shows that a licensed physician examined you and concluded your injuries were caused by the accident in question.
Why is treatment so important to your case? Medical records serve as authoritative evidence that your injuries are legitimate.
Establishing Causation
In addition to proving you have injuries, you must also show that those injuries were directly caused by the defendant’s negligent actions. The defense may argue that your injuries are due to another accident, preexisting conditions, or normal wear and tear.
Your treatment timeline helps establish causation. If you sought medical care right after the accident, it shows your injuries were likely sustained at that time. Delaying treatment gives the impression that your injuries aren’t accident-related. It adds a sense of doubt, which is enough for an insurance provider or third party to lower the payout or decline to pay at all.
Continuing with follow-up appointments also demonstrates ongoing injury issues from the original incident. If you aren’t diligent with treatment, the defense can more easily allege your injuries resolved or stem from another event.
Why is treatment so important to your case? Promptly seeking care and sticking with your treatment plan helps prove your injuries were caused by the defendant.
Mitigating Damages
The law requires injury victims to take reasonable steps to mitigate their damages after an accident. This means you must make good faith efforts to prevent your injuries from worsening and promote healing. Getting necessary medical care is key to mitigating damages.
If you ignore your doctor’s advice and your condition deteriorates, the defense can argue your failure to mitigate increased your losses. However, staying compliant with treatment recommendations shows you’re trying to get better and minimize the long-term impacts.
Why is treatment so important to your case? Following physician guidelines demonstrates you are properly mitigating your damages.
Calculating Damages
Medical treatment is directly linked to many categories of damages in personal injury cases, including:
- Medical expenses: Bills for hospitalization, surgery, physical therapy, prescription drugs, and other care related to the accident.
- Lost income: Wages lost if injuries force you to miss work during recovery.
- Loss of future earning capacity: Impaired ability to work and earn the same income due to permanent disability.
- Pain and suffering: The physical discomfort and emotional distress caused by your injuries.
The more severe your injuries, treatment, and impact on your life, the higher your potential non-economic and economic damages. Substantial treatment usually equates to higher damages.
Why is treatment so important to your case? Your medical care is key for calculating the compensation you deserve.
Increasing Your Settlement Value
The goal of most personal injury cases is to reach an out-of-court settlement with the insurer. The amount of your settlement offer will depend largely on the seriousness of your injuries and losses. Severe, debilitating injuries warrant higher payouts compared to minor soft tissue injuries.
If you don’t seek treatment, the insurer may think your injuries aren’t significant and make a lowball offer. However, extensive treatment requirements give your attorney leverage to demand a larger settlement.
Why is treatment so important to your case? Documented medical care strengthens your ability to negotiate a fair settlement.
Avoid Gaps in Treatment
Once you start treatment, it’s essential to stick with your plan and avoid significant gaps between appointments. Sporadic or inconsistent care raises red flags for insurance companies. Gaps may falsely signal you are no longer hurting, already healed, or were never terribly injured to begin with.
In reality, gaps can happen for many reasons like:
- Waiting to get approved for procedures by your health insurer
- Saving up out-of-pocket costs for treatment
- Lacking transportation to appointments
- Needing to take time off work for care
Always document why you need to pause or postpone treatment. Ask your attorney to explain any lapses to the insurer.
Why is treatment so important to your case? Consistent care without unexplained gaps strengthens your injury claims.
Consult a Personal Injury Attorney
Navigating treatment needs while building your legal case can get complicated. An experienced personal injury lawyer Austin TX can help:
- Recommend reputable doctors to provide opinions on your injuries and necessary care.
- Assist in gathering and interpreting your medical records.
- Determine how treatment impacts your case value and strategy.
- Negotiate settlements that sufficiently cover your treatment costs.
- Explain any gaps in care to insurance adjusters.
- Answer other questions about the intersection of medical issues and your legal rights.
An attorney ensures you get proper care while positioning you for maximum compensation. They are vital in personal injury cases.
If You’ve Been Injured, We’re Here to Help
At Karns & Karns Personal Injury and Accident Attorneys, our attorneys are dedicated advocates for accident victims in Austin and across Texas. We understand how vital medical treatment is to achieving a successful outcome for your case. Our firm will aggressively pursue the compensation you need to pay for care and make up for lost wages, pain and suffering, and other damages. To explore your options with an experienced Austin personal injury lawyer, contact us today at 800-4THE-WIN (800-484-3946) for a free consultation.
