Why Gaps in Treatment Can Harm your Case

After a serious accident, like most people, you have skyrocketing medical bills. Any gaps in medical treatment, whether it’s one month or one year, will allow the other side to argue that your injury is not as serious as it is claimed to be. Here are the ways to handle gaps in treatment in a personal injury case.
gaps in treatment

Importance of Treatments

A good personal injury lawyer will tell you that consistency of treatment is the key to winning a case. A serious medical injury is typically accompanied by regular sessions of medical treatments that can include:

  • Office doctor visits
  • Physical therapy
  • Prescribed medication
  • Outpatient and inpatient procedures

Each session is a followup from the previous one so that the doctor determines changes in your condition. The doctor may order additional lab tests, physical exams or X-ray images outside of the regular plan.

Legal Repercussions of Not Going to Treatments

As a patient, you have the option to discontinue treatments if you find them unnecessary. However, if you want to receive fair legal compensation, you are required to participate in all regularly scheduled treatments. Otherwise, your award may be reduced if is determined that some of your injuries and treatment are not related to the accident or are not as serious as claimed. In the end, you receive less than what you deserve to cover accident-related expenses.

Excuses for Gaps

A gap in treatment doesn’t automatically mean that you’re not ill or injured. Your condition could worsen, resulting in a hospitalization or sick day that prevents you from going to appointments. In this case, having a medical record that proves the injury is important. Some absences are excusable in court, such as going to a funeral or caring for a sick relative. However, missing doctor’s appointments to go on vacation shows that the claim is not serious. Overall, the patient should have documented proof of every doctor’s visit or medical emergency.

An insurance adjuster is always looking for ways to devalue a client’s claim. The insurance company wants to give their clients as little money as possible and keep their assets. Even one or two missed medical treatments will undermine your case. Before discontinuing any treatment on your own, it’s important to consult with a lawyer first. Contact FGM Law to discuss this issue further and assist with obtaining compensation for your injury.