An accident victim should not rush to settle her case if she wants a reasonable and fair settlement. Insurance companies will entertain settlement discussions soon after an accident because they think they will be able to convince the victim to take a low amount.
However, an injured person should play it safe and at the very least get a prognosis or treatment plan from a doctor before settling. In other words, an injured victim should follow up with her primary care doctor in the days and weeks after an accident, even if she had gone to an emergency room or Urgent Care immediately after the accident.
Follow up with a primary care doctor is important for several reasons. First, it helps the injured victim determine whether or not her injuries have resolved or improved since her initial emergency treatment. Second, her doctor will likely spend more time developing a course of treatment than emergency room doctors will. Emergency room treatment mainly ensures that the patient is stable and does not entail continued treatment. But a victim’s primary care physician is more inclined to recommend continued care (like physical therapy) when it is needed. Chiropractors are also good at evaluating an injured victim after an accident and establishing a short-term conservative treatment care plan. Third, a primary care doctor will monitor and follow up with the victim regularly until the victim reaches maximum medical improvement (MMI).
Getting a diagnosis and prognosis of an injury is necessary to reaching a fair settlement. The amount a case settles for depends on the extent of the victim’s injury: The worse the injury, the greater the value of the case. Thus, it is impossible to argue for a reasonable settlement if the victim cannot prove the extent of her injuries. So, it is imperative that the victim seeks treatment with a doctor that can identify the injury (i.e., diagnosis) and recommend a treatment plan and an expected recovery date (i.e., prognosis).
I recommend that my clients treat with a medical provider until their accident related symptoms resolve 100%, when this is possible. That way my clients’ time spent medically treating is considered as part of the settlement valuation process along with the severity of injuries, lost wages and medical bills. However, some clients do not want to wait for their symptoms to resolve completely before settling their cases. In these situations, I recommend that they at least get an opinion from a doctor (1) diagnosing their injuries; (2) recommending future care; and, (3) projecting a future date when their symptoms will resolve 100%. Once this information is obtained it is submitted to the defendant insurance companies with a settlement demand.
If you have suffered injury from an accident and have questions about medical treatment and settlement, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation.
