Experiencing a catastrophic personal injury can be a life-altering event that often comes with the challenges of physical and emotional recovery, financial hardships and legal complexities. For those reasons, victims may sometimes feel that they must avoid the burdens of ongoing medical treatment after an accident.
Regular check-ups, follow-up treatments, and diagnostic tests not only contribute to your physical recovery but also serve as solid evidence in a personal injury case. This article aims to unveil how ongoing medical treatment can help strengthen your personal injury claim, potentially leading to a higher settlement.
The Importance of Medical Treatment in Assessing the Extent of Your Injury
Medical treatment plays a significant role in personal injury cases, as the medical care you receive can help to shape your personal injury claim. Not only does diagnosis and treatment determine the extent of your injury, but it also serves as a basis for the amount you can claim in a personal injury case. Medical records, including diagnostic tests, physical therapy sessions, and any treatments undergone, can offer a comprehensive picture of your injury’s severity and its impact on your daily life.
Diagnostic Tests and Treatment
Appropriate medical tests and treatments, including x-rays, MRIs and surgeries, are substantial evidence of the severity of your injury. They offer an in-depth understanding of your physical condition post-injury.
Length of Medical Care
The duration of your treatment can also indicate the seriousness of your injury. Longer treatment plans, including regular check-ups, follow-up consultations and physical therapy sessions, often imply more severe injuries, which can affect the personal injury settlement you could receive.
How Medical Treatment Affects the Value of Personal Injury Claims
The cost of your medical treatment is a critical component of the damages you can claim in a personal injury lawsuit, so it’s advisable to keep a detailed record of medical expenses you incur.
Current Medical Bills
Outside of any treatment for preexisting conditions, all costs related to post-injury medical care, including hospital stays, medication, and surgeries, can be claimed as part of your personal injury settlement.
Pain and Suffering Damages
The pain and suffering, or physical and emotional distress, that you experience as a result of your injury is another fundamental component of your personal injury claim. It’s a type of non-economic damage, meaning it doesn’t have a set monetary value like medical bills or lost wages.
Physical pain and suffering refers to the actual physical injuries sustained by the victim, including the associated pain, discomfort, or physical disability. Mental pain and suffering includes emotional or psychological trauma, such as anxiety, depression, loss of enjoyment of life, or sleep disturbances, which can result from the physical injuries and the trauma of the accident itself.
In a personal injury claim, compensation for pain and suffering is calculated based on the severity of the injury, the extent of the pain, and the prognosis for future pain related to the injury.
Future Medical Expenses
In some cases, injuries require long-term or even lifetime medical care, including rehabilitation, physical therapy and medication. The projected cost of these future medical expenses can seem daunting, and victims may be tempted to turn down ongoing care for financial reasons. Not only is continuous treatment important for the injured person’s livelihood, but it may also be a major component of a personal injury lawsuit.
Types of Ongoing Medical Treatment
The goal of continuing medical care is to aid in recovery, manage pain, and improve the quality of life for the patient. Below are some common types of continuous medical treatment.
Physical Therapy & Occupational Therapy
Physical therapy can be a critical aspect of recovery and play a key role in improving the patient’s quality of life after an injury. This involves exercises and activities, performed under the guidance of a trained physical therapist, that may help restore strength, flexibility, and mobility to the injured area. For serious injuries that impact a person’s ability to perform daily tasks, occupational therapy can help the patient build strength and regain independence.
Regular Doctor Check-ups & Specialist Consultations
Regular visits to the doctor are vital to monitor the progress of a patient’s recovery and make adjustments to their treatment plan as needed. Depending on the type and extent of your injury, you might need to visit medical specialists regularly, such as neurologists, orthopedic surgeons, or pain management professionals.
Prescription Medication, Medical Devices & Assistive Equipment
When necessary, the ongoing use of prescribed drugs to manage pain, prevent complications, or treat related conditions is another common factor in the cost of continuing medical care. In addition to oral medications, some injuries also require the continued use of medical devices and assistive equipment, such as wheelchairs, braces, prosthetics, or other devices to aid in mobility and functionality.
Mental Health Counseling
Injuries can often have an emotional and psychological impact. Mental health support, such as therapy or counseling, is another essential part of ongoing medical care.
How Personal Injury Attorneys Can Help
Dealing with a personal injury case while trying to recover can be challenging. Hiring a personal injury attorney can help you navigate the complex landscape of personal injury cases and fight for you to receive the compensation you deserve for your medical treatment.
Navigating Medical Bills
Personal injury attorneys can help you make sense of your medical bills and ensure they are correct. In some cases, insurance companies may try to minimize their payout, but an attorney can deal with insurance companies on your behalf.
Negotiating a Higher Settlement
Experienced personal injury attorneys should understand how medical treatment impacts personal injury settlements. Using this knowledge, they can negotiate for a settlement that aims to adequately cover your medical expenses and compensates for your pain and suffering.
Making the decision to continue with ongoing medical treatment in the aftermath of a personal injury can be complicated. Working with skilled personal injury attorneys, who can guide you through the process and protect your interests, allows you more time to focus on the most important thing—your recovery.
If you or someone you know has a personal injury claim that involves ongoing medical treatment, our team at Talbot, Carmouche & Marcello is here to give compassionate support. Schedule a free consultation to discuss your personal injury case.