MAXIMIZE YOUR AUTO INJURY CLAIM: Part 2

The backbone of injury claims is the medical records.  That is what  injury lawyers and the insurance companies use as the main factor in determining a value for the case.   There is nothing more important than having injuries well-documented in the medical records.  The injury victim should obtain medical care as soon as possible after the injury occurs.  There should be follow up care within a few days thereafter and continuing regularly until the injuries are fully resolved.

Medical treatment starts at the scene of the wreck.  The police officer will ask if you are injured.  There is a section of the Texas crash report where the investigating officer will note whether you were injured.  If there is an injury, the officer will call an ambulance (if the ambulance was not already dispatched via a 9-1-1 call).  If the Emergency Medical Technicians treat you at the scene, there will usually be a report created whether you are transported in an ambulance or not.

Many car wreck injury victims are seen at an emergency room within 48 hours of the wreck.  Again, there will be medical records created to document the injuries.  The medical records continue if the patient is admitted to the hospital.  When a patient is discharged from the emergency department or the hospital, the discharge papers usually contain instructions to follow up with the patient's regular doctor or another doctor recommended by the hospital.

It is very important to follow up as recommended. Unfortunately, many injury victims do not have health insurance and they fail to follow up with their medical care because they cannot afford it. There is no excuse for failing to obtain medical treatment in this situation.  If the patient does not have health insurance and the patient does not qualify for medicaid, medicare or indigent benefits, then an injury lawyer can help the patient get the necessary care without having to pay out of pocket.

Delays and gaps in treatment are one of the leading causes of problems in resolving injury claims. Failure to properly follow up on medical care greatly decreases the vlaue of the claim.  The insurance company will not simply accept as true the injured person's statement that he or she is still injured.  The insurance company will assume the injuries either completely recolved or that the injuries are very minor.   Therefore, timely and proper medical care is essential to maximize the injury claim.

GETTING MEDICAL CARE AFTER A WRECK

You've been in a wreck.  You're injured. You need medical care.  The doctor's office says they won't accept your health insurance and the auto insurance company for the at-fault driver won't pay your medical bills (or maybe they won't even return your calls).  What do you do?

Auto liability insurance does not work like health insurance.  They are not going to pay your medical bills as you go along.  The auto insurance company expects you to go out and get all the medical care you need and then, when you've completed all of your medical care, they want you to gather your medical bills and ask for reimbursement in one lump sum.  That's right.  You only get one bite at the apple.  It's a one time settlement payment.  And you cannot go back later and ask for additional money if your injuries turn out to be worse than you thought.

Getting medical care after a car wreck can be complicated and frustrating.  A common mistake is failing to contact an experienced injury lawyer as soon as possible. That error may result in a "gap" in medical care, which the auto liability insurance company will use to argue that you did not go to the doctor because you were not really injured.  The insurance company knows it's not true, but they don't care about that.  Their goal is to pay you the least amount of money possible.

You may have been transported to the hospital by ambulance.  Or you may have gone to the Emergency Room on your own.  In either case, you will be billed for the treatment you received--whether you have insurance or not.  But what do you do after that?  This article generally describes your options.  However, any person injured in a car wreck should at least consult with a lawyer for advice--whether the lawyer is actually hired in the case or not.

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