Effect Of Medical Treatment On Injury Claims And Damages

As the victim of an accident, you should know that your medical treatment will have a huge effect on your injury claim. The following are some of the specific aspects of your medical treatment that will affect your compensation.

Treatment Delay

Many injuries need immediate medical attention, and delayed treatment can lead to complications and increase the eventual cost of treatment.  Therefore, the defendant might argue for reduced damages if you delayed your treatment after the accident. The defendant may argue that your treatment costs wouldn't have been that high if you had sought immediate medical care.

Treatment Gaps

Gaps in your treatment process can also have the same effects as delayed treatment.  Perhaps you were supposed to have physiotherapy sessions twice a week for three months, but you stopped your treatment after a month and resumed two months later. If your ailments intensify and your physiotherapist advises more sessions, the defendant might argue that the need for additional treatment is due to your gap in treatment.

Treatment Refusal

Some accident victims want to choose which form of medical treatment or procedure they can have. For example, some people refuse blood transfusions on religious grounds while others refuse surgeries because they are afraid. In such a case, the defendant might refuse to compensate for further medical treatment damages.

Treatment Provider Charges

Medical providers charge different rates depending on their location, experience, specialty, and even celebrity status. As an accident victim, you are expected to seek treatment from any treatment provider that can handle your case, not necessarily the most expensive provider. Thus, if you opt for an expensive celebrity dentist to reconstruct your smile after an accident, the defendant might argue that other dentists would have cost less.

Treatment Provider

There are two broad categories of health providers; there are mainstream and alternative medical providers. Most insurance companies place more weight on treatments from mainstream (medical doctors or M.D.s) physicians than alternative medical providers (non-M.D.s). Thus, treatment from non-M.D.s might attract lower damage multipliers than treatment from M.D.s even if both are equally effective.

Treatment Duration

Lastly, the treatment duration will also come into play. For example, many insurance companies assume that a short treatment duration means your injuries are not that series. However, lengthy treatment duration may lead to higher damages, including compensation for future damages.

Hopefully, you will get prompt and effective medical treatment that won't affect your case. Consult a personal injury attorney to help you with the claim process.


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