How Does Medical Treatment Affect Outcome For Personal Injury Claim?

Injury Lawyer Personal Injury Faq's

There are certain ways that the medical treatment given to an accident victim can affect the size of the payout from the insurance company.

Variables that affect the size of settlement

• Severity of the injury: Insurance companies pay more money to the victims with a serious, perhaps catastrophic injury. The limits stated in the insurance policy dictate the amount of money that can be offered to the injured victim.
• Claimants with a legal representative tend to win more than those without such assistance.
• Claimants that negotiate a settlement receive more money than those that go along with the adjuster’s initial offer.
• Claimants that file a lawsuit, and become plaintiffs tend to win a larger reward.

How the type of treatment affects the size of the settlement or reward?

The victims that must undergo some type of corrective surgery manage to win a larger payout. However, that payout might get reduced, if the patient has failed to follow the post-surgery instructions. Victims that schedule appointments with an MD, instead of a chiropractor usually enjoy a larger payout.

Additionally, personal injury lawyer in Oakville knows that victims that undergo extensive diagnostic tests but only a short period of treatment tend to receive a smaller payout. Insurance companies do not usually pay for experimental treatments nor do they pay for medication or treatment that was part of a research study.

How the location of the treatment affects the size of the settlement or reward?

Victims that receive emergency treatment at the site of the accident usually receive a larger payout. Accident victims that got treated in the emergency room should not expect a generous compensation or reward. Insurance companies realize that a fair number of diagnostic tests might get completed in the emergency room.

If the victim were to get transferred to another hospital or clinic, then the insurance might not cover the transportation costs, unless that transfer was a medical necessity.

How faithfully did the claimant/plaintiff follow the doctor’s instructions?

Did the claimant or plaintiff make a point of attending each scheduled appointment? If not, the claimant’s settlement package could be far smaller than expected. Did the claimant get all of the prescribed medication? Was that same medication used according to the schedule that the doctor had recommended? That is especially important, if a doctor had prescribed antibiotics.

Did the claimant/plaintiff attend the therapy sessions that had been scheduled by the treating physician? Had the therapist been pleased with the amount of effort that was extended by the patient/plaintiff?

Had the treating physician been ready and willing to offer answers to questions from the patient with the accident-related injury? Had the same patient felt free to ask such questions? Insurance companies would hope for a “yes” answer to both questions.

235 thoughts to “How Does Medical Treatment Affect Outcome For Personal Injury Claim?”

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