In real life, many people who are injured in car accidents do not get medical treatment right away. There are many reasons for this. Some can’t afford to take the time off from work to get treatment. They just live with the pain. Some can’t afford the medical treatment, and they too just live with the pain. Then there are those who believe that their symptoms will go away with time. This statement is particularly true for people suffering from headaches, neck pain, or back pain. It is only when their pain doesn’t go after several weeks that some of these people finally get medical attention. When they find out that their condition may be worse or can last months, if not be permanent, they finally seek compensation against the insurance company of the party who caused the accident. Then their claim is denied by the insurance company. That’s when they finally call an attorney.
In our over 25+ years of experience as Las Vegas car accident attorneys, we have received calls from lots of people with similar experiences. Many of them have consulted with other Las Vegas personal injury attorneys, and their case was rejected. Then they ask why.
The insurance company and other attorneys have rejected their car accident case because of the gap in treatment. A significant period between the time of the car crash until the first medical treatment raise doubts whether the person’s injuries are from the car accident. Remember, people can develop headaches, neck pain, and back pain without a car accident.
Remember also, insurance companies will only compensate you if you prove your injuries. Just because you are in a car accident doesn’t mean you are injured. A significant gap in treatment is evidence to the insurance company that you weren’t injured in the car accident. To insurance companies and to many jurors, an injured person gets treatment, and someone who does not get treatment is not injured. This is a stereotype that doesn’t always conform to reality. Those who don’t confirm to this stereotype may find it difficult convincing anyone that they are injured.
Also, in many cases, only a medical professional is needed to confirm that your injuries are related to the car accident. In most cases, a medical professional must be able to testify in court that your injures are causally related to the car accident “to a reasonable degree of medical probability.” Basically, the medical professional must be able to say that your injuries are more likely than not was caused by the car accident. The medical professional doesn’t necessarily have to be a doctor. It could be a chiropractor or physical therapist experienced and trained in diagnosing the kind of injuries you have. The more we can prove your injuries with medical documentation, the easier it could be to resolve your case.
Keeping a record of your medical appointments can serve as a key piece of evidence in your case. Your medical records can establish important information, including:
- The nature of your medical condition
- How long you received treatment
- The connection between your injuries and the accident
- The charges you incurred due to your injuries
- Notes on your future medical needs due to the accident
- Documentation of your pain and suffering
Be sure that you keep track of all of your medical records and bills and provide them to your personal injury lawyer.
If you can’t go to your medical appointment for sometime, you should keep a pain journal or diary of your symptoms and how it affects you on a daily basis. A handwritten diary written at or about the same time you experienced an event or symptoms is admissible in court. A handwritten journal is evidence in court, but not as powerful as medical records. Experienced personal injury trial attorneys know how to admit the handwritten diary in court as evidence to help prove your case.
If you or a loved one are struggling with your injuries from a car accident and the insurance company, call the accomplished Las Vegas car accident attorneys at D.R. Patti & Associates. All of our attorneys have 10 or more years of experience in litigating Las Vegas personal injury cases. We will answer your questions and discuss your options in depth with you, as well as the risks and benefits of proceeding. Don’t wait any longer. Call us today.