Why is Medical Treatment so Important for My Claim?

Our Lawyers Will Help You Build the Strongest Case Possible

It’s no secret that car accidents can be extremely severe and injurious to your body. One of the main reasons Newport Beach accident attorneys exist is because medical bills can stack up and cause a strain on your bank account.

If you are not at fault for the accident, there’s no reason why you should bear the burden of your medical expenses. Your bodily injury lawyer in Newport Beach should make sure you get the maximum compensation so that none of your medical bills are paid out of pocket.

While the idea of exorbitant medical expenses may be daunting, you should not hold back when receiving the necessary medical treatment.

The Importance of Medical Treatment

Shock is usually the first thing you feel following a car crash in Newport Beach. Shock causes adrenaline to flood the body, and often you don’t feel any pain. This often leads people to believe they are not hurt.

In many cases, the shock can last for hours or days, depending on your level of trauma. Some injuries, such as whiplash and brain damage, cannot be detected right away, so you should always allow first responders to examine you at the scene. Your emergency medical treatment will serve as the first documentation of your injuries.

Getting treatment right away is an important part of your injury claim. It is vital to have a doctor state that your injuries are the direct result of your accident, and the closer your treatment is to the day of the accident, the more likely the doctor will be able to make that conclusion. If you fail to do this, the insurance company may argue that your injuries were pre-existing or caused by something else that occurred.

Seeing an emergency doctor or your primary physician can also help get you in touch with the right specialists, such as neurologists or orthopedists, should you have a TBI or spinal injury. Even when you see an emergency doctor, it is essential to follow up with your primary doctor when you can. We have seen several cases where the emergency doctors miss broken ribs and TBIs because they are rushing, and the victim is still in shock and unable to report all of their symptoms.

It is also essential that you follow your doctor’s advice, not just for your health, but also to show the severity of your injuries to the insurance company. Insurance companies love to claim that you are not seriously injured. If you do not see the proper doctors or miss follow-up appointments, the insurance company is armed with evidence to claim you are not injured. Stopping treatment will arm the insurance company to deny your claim; it also makes it complicated for your attorney to fight the insurance company.

Why Does a Gap in Treatment Matter?

A gap in treatment, whether it’s at the beginning or if you skip a few of your follow-up visits, can be detrimental to your claim. A Newport Beach injury attorney will tell you that the opposing insurance company is always looking for a way to minimize your compensation and jumping on gaps in treatment is one way they do that.

The adjusters will look at your gap in treatment and say that your pain and suffering were not severe enough or that you must have not been very injured because you did not get extensive treatment. They use the gap in time where you were not receiving treatment as “evidence” that you were not really injured. They may also try to claim that your injuries are the result of something other than your auto collision. These are just some of the ways that adjusters question your credibility.

Can I See My Own Doctors?

Seeking emergency medical treatment is critical when you have serious injuries. If you don’t need emergency treatment, it is still important that you make an appointment with your primary doctor. If you have health insurance, you should use it to ensure that you are covered for your examination. Victims with health insurance can use it for all kinds of medical treatment, including chiropractic treatment, medical specialists, and laboratory and imaging costs. Your Accident Lawyer can work with your insurance to make sure that all expenses are tracked and included in your demand to the insurance company.

If you don’t have health insurance, your car wreck lawyer in Newport Beach can also help you get medical treatment on a lien basis. This means you will pay no money upfront, and your medical treatment costs will be covered by the settlement or judgment you obtain from the insurance company.

Accurate Diagnosing

Equally important to your case is getting accurately diagnosed. Most diagnoses are straightforward, but some can be more complex and require specialists to determine them accurately. It’s important to keep in mind that your doctors shouldn’t spend more time diagnosing your injuries than treating your injuries. Doing so can lead the insurance company to argue that your injuries are not that severe and, as such, you do not deserve pain and suffering damages.

All in all, medical treatment is often not as simple as it seems. That’s why it is important to discuss your symptoms and treatment in detail with your attorney. You should work with your Newport Beach car crash lawyer to get the proper treatment and diagnostic tests to validate your personal injury claim. Contact Accident Lawyers Firm for a free consultation. We are here to help you heal.

About Accident Lawyers Firm

Accident Lawyers Firm is a Newport Beach-based law firm that wins our clients maximum compensation for their personal injury lawsuits. Our attorneys work tirelessly to add up your bodily damages, emotional damages, property damages, and overall pain and suffering that the negligent party should pay for. We also tap into our network of accident and health experts to gather thorough research and evidence to make your case for compensation as strong as possible. Contact us if you were injured in a:

  • Motorcycle accident
  • Bike accident
  • Rideshare accident
  • Dog attack
  • Construction accident

You don’t need additional stress while you recover from your injuries, so leave the legal battle up to us. With our extensive connections and hard-working lawyers, you can focus on recovering physically, mentally, and emotionally. To set up a free consultation, call us at 949-203-5780 or email us at intake@accidentlawyersfirm.com.

Determining Fault 
A rear-end accident is usually the most straightforward when it comes to determining fault; since the rear driver failed to stop, the collision is their fault. However, that’s not always the case, as courts will sometimes determine that the driver in the front was negligent. It all depends on the circumstances of the crash.

Distracted Driving
Distracted driving is one of the chief causes of rear-end accidents, as the driver is not paying attention and therefore doesn’t have enough time to react. Texting while driving is the main cause of distracted driving, but drivers can also be distracted by rifling through junk, pets or kids in the back seat, and changing a music station on the radio. In these cases, the distracted driver is at fault. 

Weather Related Driving Conditions
Wet driving conditions like those in snowy or rainy weather can cause the car’s brakes to skid and collide with another car. It’s important to check driving conditions before starting your journey and adjust your driving style to meet those conditions. If you are in an accident because of driving conditions, investigators will look at whether or not you took precautions to accommodate the slippery roads. 

Driving While Tired
A commonly overlooked cause of an accident is fatigued driving. If the driver did not get enough sleep the night before, they are as dangerous as someone with a BAC of .08%. At risk drivers may be shift workers, drivers who spent a night drinking alcohol, individuals with sleeping disorders, or those who’ve been awake for too long. Their reaction times, ability to pay attention, and awareness of hazards are all negatively impacted by not getting enough sleep. A few signs to look out for are:

  • Nodding off while driving
  • Frequent yawning
  • Drifting in and out of your lane
  • Missing exits and inability to read exit and traffic signs

Tailgating Another Car
Following too closely gives the rear driver less time to brake when they’re surprised. This can also cause an accident, and the rear driver would be liable because they were negligent in their duty to maintain a safe distance between them and the other car. However, “brake checking” is when the front driver notices they are being followed closely, and they purposefully slam on their brakes without a valid reason. In this case, part of the fault would be on the front driver because they slammed on their brakes for no apparent reason. If you feel like this is the case, it’s important to show your Newport Beach lawyer that the person braked for no apparent reason. It’s possible that you and your lawyer can argue this in court. 

As you can see from above, it’s not automatically the rear drivers fault in a rear-end collision. However, liability changes depending on which state in which the accident occurs. California courts pay attention to the amount of negligence each driver involved in the crash exhibits in the events leading up to the crash. Finding out how much you and the other driver are responsible for will be crucial to your accident lawyer to determining compensation.

Comparative Negligence
California courts abide by the doctrine of pure comparative negligence in car accident cases. The doctrine of comparative negligence allows the courts to determine liability on a case-by-case basis. If the court determines that the back driver was only partially at fault, then the amount of compensation may be reduced. 

For example, if the courts find the other driver to be 20% responsible for their own injuries, then they would have to cover 20% of the damages in the case, while the driver maintaining 80% fault will have to cover 80% of the damages. 

The Accident Lawyers Firm is highly experienced in dealing with pure comparative negligence, and they will fight to lower the compensation you owe to a fair amount regarding the accident. If you’ve been on either side of a rear-end accident, you should contact the best lawyers in Newport Beach to ensure a fair trial.