The Importance Of Medical Treatment In An Injury Claim

The Importance Of Consistent Medical Treatment

Maintaining consistency in your medical treatment schedule plays a crucial role in both your physical recovery and the success of your case. This means following your healthcare provider’s advice, attending all scheduled appointments, and avoiding any gaps in care. The primary goal here is your health and recovery. Your doctor, being the expert, offers instructions tailored to aid your recuperation.

A ‘gap in care’ refers to situations where an injury victim misses or discontinues medical appointments for a period, only to resume later. These treatment gaps provide an opening for insurance companies to argue that your injuries had resolved when you stopped attending appointments, suggesting that you might be faking or exaggerating your symptoms.

Likewise, if you frequently miss appointments, insurers could argue that your symptoms are not as severe as you claim, implying that you didn’t require treatment or that you failed to mitigate your injuries by not following your doctor’s recommendations.

The Calculation Of Personal Injury Claims In Washington State

The calculation of personal injury claims in Washington State involves a bifurcation into economic and non-economic damages.

Economic damages encapsulate all of your tangible costs such as past and future medical bills, past and future wage loss, and any out-of-pocket expenses associated with treating your injuries.

On the other hand, non-economic damages encompass compensation for the pain and suffering you endured due to the accident. This covers the loss of enjoyment of life, all the activities that you were unable to participate in because of your injuries, the inconvenience caused by attending appointments, time away from work and family, as well as your physical and emotional pain during recovery.

In some instances, spouses may claim for loss of consortium. If you’re legally married or a state registered domestic partner, your spouse or partner can assert this claim for the harm inflicted on the relationship, reflecting the loss of affection and general damage endured by not having you fully present as a spouse or partner due to your injuries.

The calculation process involves aggregating the economic damages (medical expenses, wage loss) and the non-economic damages. The insurance company will then examine the nature of the case, the impact of the injuries on your life, and the evidence and witnesses available to support your claim. The insurer assesses the case based on anticipated jury behavior, reviewing similar jury verdicts with corresponding injuries and accident facts.

The insurer will also evaluate the skill and reputation of your lawyer, taking into consideration the history of your lawyer or their firm in terms of taking cases to trial and their success rate. The more factors that are in your favor, the higher the settlement amount is likely to be.

Estimating Future Medical Costs In Personal Injury Cases

Estimating future medical costs for a personal injury claim can be challenging, especially in cases involving severe injuries like burns or conditions requiring multiple surgeries and rehabilitation. However, it’s crucial to ensure that your future healthcare needs are adequately accounted for in your claim.

Doctors and treatment providers play a critical role in this process. Once they determine the likely course of your recovery, they can often provide an estimated cost for anticipated treatments. For instance, if a surgery is required, the physician or their office can provide a cost estimate. If the treatment is expected to be ongoing, such as psychological counseling for post-traumatic stress disorder, that information can be factored in as well.

After identifying the type of future treatments, your attorney can consult with experts who can research market costs and develop a cost projection for your future treatment. These projections can be instrumental in resolving your case without the need for extended delays.

You generally don’t have to wait until all treatments are completed before proceeding with your claim. However, it’s important to ensure all future costs are taken into account before settling. If the statute of limitations is nearing, having this information in advance is crucial if you hope to settle without having to file a lawsuit.

For more information on the Importance Of Medical Treatment In An Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (253) 339-8500 today.