Navigating the Medical Treatment Phase of an Accident Case

Avoiding mistakes during the medical treatment phase of your accident or injury case is crucial to obtain maximum value at settlement or at trial. Believe it or not, a medical provider that charts your medical file incorrectly or fails to properly diagnose your condition can ruin your accident case. The following guidelines are designed to help you avoid mistakes that we frequently see clients make in the treatment phase of their accident or injury case.

1. Seek Urgent Medical Care Right Away

The day of the accident you should get to an emergency room or walk-in clinic immediately. Don’t avoid riding in the ambulance or going to the ER because of cost. Delaware is a no-fault state for medical treatment and your own PIP auto insurance should cover your initial medical expenses.

2. Treat With Medical Providers Experienced in Accident Cases

Choosing a medical provider that is unfamiliar in treating accident cases can literally sink your case. Many do not know that the medical provider you choose can be equally as important as the lawyer in an accident case. The Delaware courts require a medical doctor to bring a personal injury case in Delaware. In a Delaware accident case, the doctor must be able to do the following:

1. properly diagnose your medical condition
2. properly document your medical condition
3. determine whether the accident was the proximate cause of your injuries
4. determine whether your treatment was reasonable, necessary and related to the accident
5. draft an expert report
6. communicate effectively at a deposition or trial
7. withstand cross-examination from an insurance defense attorney
8. provide litigation support to your attorney.

My office is familiar with medical providers in Delaware that are experienced and knowledgeable in treating accident and injury cases. Feel free to call my office at (302) 482-4802 for a free consultation and possible referral to a medical provider.

3. Obtain Diagnostic Testing such as MRI through your Medical Provider

MRI is the gold standard in diagnosing an injury related to an accident case.  A good medical provider will know that is important to obtain this objective imaging of the affected body parts as soon as practicable after the accident. An MRI is more likely to show an acute trauma due to the accident which is objective evidence that the accident caused your injuries. There are other diagnostic tests that can be helpful such as X-rays, CT scans and EMG’s but MRI will provide the most helpful and accurate evidence.  A medical provider experienced in treating accident cases will likely provide you with a script for an MRI. Car insurance is not health insurance so if you are treating under your PIP car insurance policy, you don’t have to wait to get your MRI.

4. Attend Follow-Up Appointments

The insurance company will argue “you must not be that hurt if you miss appointments and do not follow up.” If you aggravate your injury by missing appointments or following through with treatment, your claim will be devalued.  Make sure you attend follow-up appointments.

5. Avoid Substantial Gaps in Treatment

The insurance company will try to lessen your recovery if you have substantial gaps in treatment or substantial periods of time between appointments. Under Delaware law you have a duty to mitigate your damages or “take care of yourself so you don’t make your injury worse.”

6. Make Accurate Statements to Doctors and Nurses

Be as accurate as possible in describing your pain to the doctor. Down the road, the insurance company attorney will be looking for inconsistencies in your testimony from what you told the doctors at the appointments. The insurance company attorney will have access to all of your medical records. The insurance attorney will try to portray you as inconsistent or describing multiple versions of your pain or the event. You need to make accurate, truthful statements to your doctors. Remember doctors are keeping medical notes and will likely chart the facts about how the accident happened. Be accurate in your statement and do not underreport or embellish symptoms.

7. Keep Your Attorney Up to Date on Treatment Progress

Call your attorney and keep him or her updated on your treatment status and be sure to let your attorney know when you reach maximum medical improvement. Once you’ve reached maximum medical improvement, it will be time for your attorney to send a demand letter to the insurance adjuster. I am no longer a fan of having clients keep pain journals or diaries. Technically, pain journals are discoverable by the insurance company attorney. It is better to tell your attorney or your attorney’s paralegal about your treatment status and have the paralegal take notes. That information is attorney-client privileged.

8. Get a Surgery Recommendation for Medical Conditions that Require Surgery

Some of my clients are in so much pain they go right to the surgeon. For others, they are scared at the thought of having a surgery. Even if you are not interested in getting surgery, if your injury is serious enough, you should see a surgeon and get an opinion. In an accident case you are entitled to get paid for any future medical costs. Future surgeries can be expensive. The mere recommendation for a future surgery can drastically increase the value of your personal injury or accident case.

9. Call an Attorney Early in the Process

You might think, “the statute of limitation is years away, I should wait to get an attorney.” To the contrary, you should engage an accident attorney early in the process to be set up for success. An attorney will be able to refer you to doctors that are knowledgeable in car accident care and treatment and can properly document your claim for damages. An attorney can also help you avoid mistakes that could devalue your claim for damages., Contact my office at (302) 482-4802 and we would be happy to walk you through the process.

Contact Jason R. Antoine, Wilmington, Delaware Accident Lawyer

Contact Jason R. Antoine, Wilmington, Delaware Injury Attorney at (302) 482-4802 to set up a free consultation. I do not take a dime from clients up front and work solely on contingency fees in accident cases. I will also front all litigation costs to prosecute your injury claim effectively.