How Quickly you Seek Medical Treatment – It’s a known fact that after an accident, there are those who are genuinely hurt and in need, and those who try to exploit the situation. Although it’s not always a fair metric, judges tend to view the speed with which one seeks treatment as indication of how serious the victim’s injuries are. Now this makes perfect sense when the injury was sudden, such as blunt force trauma during a car accident but it makes less sense when the issue is chronic, such as whiplash injuries. Still, it’s better to err on the side of caution. Even if you feel okay, go get checked out.
The Amount of Times you Seek Medical Treatment – This one might seem like a “no brainer.” If you’re hurt, you will have to go to the hospital many times, so the judge will increase the amount of the claim, right? Not always. If your repeated visits are determined to be frivolous, it might actually hurt your case. You don’t want a doctor, judge, or adjuster suspecting you of malingering. That is the intentional manipulation of the medical system in order to receive treatment. Assessment of your character is vital in accident cases. The other side will do everything in their power to demonstrate that you are simply milking the system. That is their job. Don’t make it easy for them and stay above reproach. A better strategy is frequently consulting with your doctor and reporting any pains that you are experiencing. If there is reason, a good doctor will have you come in.
The Gross Cost of your Medical Bills – The most significant factor affecting compensation in an injury case is usually the gross cost of medical bills. This is the most obvious corollary and the one a judge or insurance company is most likely to look at. Many people advise attempting to see the doctor as much as possible to drive up the total value of the claim. This is a controversial strategy. If you have a legitimate complaint, let your doctor know. If they have any mettle at all, they will ask you to come in and be checked out. Don’t annoy your doctor or give them reason to suspect malingering (which is pretending or exaggerating symptoms in order to receive medical treatment). Remember, they deal with malingerers all the time, it’s a sad fact of the medical profession and it won’t help your case.
Obtaining a Medical Report – A “credible” medical report means credible to the other side’s insurance company. In other words, not biased. Your doctor should utilize the assistance of his or her colleagues and be as impartial as possible. This report does not have to be revealed to your opponent or their insurance company until your lawyer decides it is favorable. Pursuant to this consideration, make sure you specify the report cannot be released to anyone but yourself on your HIPAA release form. It might be a precautionary measure, but you don’t want to risk some intern handing over the report to your opponent’s lawyer because it was not expressly privileged.
Property Damage – Most commonly, property damage occurs during a car accident, where your claim should at least include the blue book value of the car. This is usually favorable as studies indicate most Americans are unable to sell their cars at blue book value in today’s economic climate. Other types of property damage might include broken electronic devices or damage to expensive clothing or jewelry. In cases where you purchased a defective product and installed it in your home, you will be also be able to recoup all damage to the property that resulted from installation.
Read on – Personal Injury Compensation