Can medical treatment increase my personal injury settlement?

Personal injury suits are fraught with conflicting interests. You (the plaintiff), want to be compensated fairly for injuries you suffered without your fault. The insurance company that represents the defendant (the one you accuse of harming you) is trying to protect its financial interests by paying you as little money as possible. Insurance companies have a business to protect their bottom line and may use any tactic (even underhanded) to reduce your award.

With the help of an accident injury lawyer, your job is to create a solid case based on evidence so that you receive the full compensation to which you are legally entitled.

What is the best option? Should I take my case to trial?

You are the only one who can answer that question. But you should be aware that in about 95% (the umbrella under which personal injury cases fall) settlements are reached outside of court.

A settlement is the result of negotiations. A settlement is an assured thing. Instead of going to trial, you will agree to accept a certain amount from the defendant. You could make more money if you go to trial instead of accepting the settlement, but you may also lose your case and receive no compensation for personal injury.

You and your accident attorney can negotiate with the defendant to come up with a settlement that’s acceptable to both parties. You will depend on the decision of the jury or judge in a trial.

You can understand why the majority of plaintiffs settle their cases out of court.

What is the impact of settlements on compensation?

In determining the compensation you receive for personal injury, there are several factors to consider.

• Liability certainty (how certain is it that your injury was caused by the defendant?
• The severity of your injuries
• What is the impact of your injuries on your daily life?
• Cost and duration of medical treatment for your injury
• These injuries can cause emotional and psychological harm

Why Medical Treatment is Important

It takes time to treat a personal injury. Some plaintiffs do not complete their medical treatment because of this. Some plaintiffs may not attend their doctor’s appointments or do not follow through with recommended treatments. This is an easy way to reduce your settlement offer.

We recommend that you prioritize all aspects of your health care, as your medical provider is responsible for so many decisions affecting your settlement. It’s not only good for your health to be a compliant and engaged patient, but it is also important to get the compensation you deserve for your personal injury claim.

What types of treatment can increase my personal injury award?

In general, any medical treatment you receive will increase your award. The defendant will reimburse you for any costs related to your injury accident, such as medical bills or lost wages.

As the insurance company of the defendant devises an offer for settlement, it will use a complicated formula which involves assigning multipliers to specific types of treatment. The insurance company will multiply the medical damages (such medical treatments) with a number between 0 and 5 in order to determine your level of pain and suffering.

Insurance companies assign different multipliers to different types of medical treatment. Insurance companies consider the following factors when determining multipliers.

• 
  Diagnosis:
  
  The insurance adjuster will usually lump together the diagnosis and treatment visits if a doctor makes a quick diagnosis.

  Sometimes, a doctor may run a number of diagnostic tests, such as x-rays or CT scans. However, the results will show that there is not much need for treatment. In this case, diagnostic visits could be credited with a lower multiplier if they had no significant impact on pain and suffering.

• 
  Medical doctors and medical facilities
  
  When it comes to pain and suffering, doctors, hospitals and legitimate medical clinics tend to be the most common. If the bill is from a medical provider (such as a chiropractor, acupuncturist, massage therapist, etc.), it will be multiplied by ten times more than if it was from an alternative provider.

  It can be frustrating to receive help from alternative providers. However, it is very difficult to change the long-standing insurance industry trends.

  If you are looking for more compensation, it’s best to have a prescription from a doctor. You would have a better chance to get full reimbursement for physical treatment prescribed by your physician and performed in a medical facility than for chiropractic care that you seek out on your own.

• Duration It is easy to assume that an injury that requires long-term treatment will result in more pain and suffering, and a larger settlement. Insurance adjusters tend to be suspicious of long-term therapies. They may pay more for doctor visits, given their bias towards M.D.s. However, they will offer less for physical therapy and chiropractic treatments. The chiropractor or therapist may claim that your long-term therapy is due to the fact that they want more money, not because your injury is serious.

What can you do to maximize your personal injury settlement?

You can maximize your personal injury settlement if you have been injured in an accident, whether it was a pedestrian or car accident, a dog attack, slipping and falling or a workplace incident.

• Take pictures of your injuries. Try to take photos as soon as possible after the accident. Take pictures of your injuries from various angles to capture the full extent.
• 
  Document the injury accident, including any pain and suffering.
  
  Memory fades with time. You may not remember the exact details of your injury, but you will be surprised how quickly time blurs them. Note down the exact date, time and location of your accident. Describe the injury and its effects in detail.

  Write down your treatment details and the progression of your injury over time. Use the medical pain scale 0-10 that you see in the doctor’s offices to quantify the pain.

• Be sure to keep all receipts and medical records. Ensure you have copies of your medical records, including test results, prescriptions and treatment plans. Also, keep receipts that show any copays or prescription fees. This evidence is crucial to building a strong case on your financial loss and pain and suffering.
• 
  Take your health seriously
  
  Consult a physician immediately after an accident, even if you don’t feel pain. A doctor can detect injuries that are developing before you do and will tell you what to do to prevent them from becoming worse. Attend all appointments and take the prescribed medications. Follow all treatment recommendations.

  You could be giving the impression that you are not seriously injured if you do not take your treatment seriously. Treatment also provides evidence of the severity of your injury. If your doctor prescribes a few months of physical treatment, then it’s clear that you have a serious injury and deserve compensation.

• 
  Experienced accident lawyers are the best choice.
  
  A good lawyer will not be. You may be unfamiliar with the tactics used by Big Insurance. These lawyers will be able to see right through the tactics of Big Insurance and protect your interests.

  Find an attorney with experience in your type of injury or case, such as an auto accident attorney, workers’ compensation attorney, TBI (traumatic head injury) attorney. Your attorney can help you build a solid, factual case and decide whether a settlement is fair.

The article Can Medical Treatment Increase My Personal Injury Settlement? first appeared on Las Vegas personal injury attorneys.