Although the title of this blog may suggest otherwise, it is always imperative that you seek professional medical care in the wake of a car accident or work injury. These medical evaluations and disability ratings will set the standard for which your claim is based, but there are also come considerations you’ll want to keep in mind during your medical assessment. Because if you go about it wrong, the evaluation that should help set the bar for your claim could actually end up tanking your case. Below, we share three ways you can hurt your injury claim during your doctor’s appointment and how to avoid these pitfalls.
Don’t Let Your Medical Evaluation Hurt Your Injury Case
Here are three ways that your medical evaluation can work against you during the claims process.
1. You Waited Too Long – Even if you don’t believe that you are seriously injured, you’re going to want to get a medical evaluation within 24-48 hours after the accident. At worst, this assessment will give you peace of mind that you have a clean bill of health. On the flip side, this evaluation can document your injuries and give you something tangible to point to if you decide to file for compensation. If you wait too long to seek compensation, the insurance company will argue that either the injuries could not have been all that serious since you decided against medical care, or they may say that they arose from another cause outside of the accident. Don’t help them build your case against you because you put off getting evaluated by a doctor. Get a medical assessment as soon as possible after a car accident or work injury.
2. You Lied – If you are caught lying during your medical assessment, it’s going to be much easier for the judge to take the insurance company’s version of events over yours if your case goes to court. Do not exaggerate your symptoms during your medical assessment, because your doctor likely has decades of experience viewing imaging tests and conducting physical assessments in order to tell how symptoms are presenting. If they suspect you are embellishing your symptoms, they may put that in their report or be leery about testifying on your behalf at trial. Also, it can be hard to keep your story straight if you tell lies during the medical assessment, and if your story eventually becomes inconsistent, it can torpedo your case.
3. Not Listening To Your Doctor – Although you’re pursuing compensation from another party’s insurance company, there’s one goal that you, your doctor and the insurance company all share – they want you to make the fullest recovery as fast as possible. One of the ways to do this is to follow the instructions of your doctor. However, if you miss follow up appointments or ignore your injury restrictions, it can be argued that you are hindering your ability to recover. The insurance company will then argue that they should be able to discontinue paying for medical care or lost wages since you’re disobeying the instructions of your healthcare team. We understand that you want to get back to work or return to some sense of normalcy, but doing this by going against the instructions of your doctor can severely work against you.
For help with any aspect of your injury claim, or to take the next step in compensation pursuit after a medical appointment, reach out to Dean Margolis and the team at Margolis Law Office today.
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