THE IMPORTANCE OF ADEQUATE MEDICAL TREATMENT FOR PERSONAL INJURY CLAIMS

Je Jun

Personal injury claims can arise from a variety of accidents, such as a motor vehicle accident, slip and fall, or workplace injury. When someone is injured due to the negligence of another party, they may be entitled to compensation for their injuries, including medical expenses, lost wages, and pain and suffering. However, in order to be successful in a personal injury claim, it is crucial that the injured person receives adequate medical treatment and rehabilitation.

One of the key factors in a personal injury claim is proving that the injuries were caused by the accident. This is where medical treatment becomes crucial. Seeking medical treatment immediately after an accident not only ensures that the injured person receives proper medical care, but it also creates a record of the injuries that can be used as evidence in a personal injury claim.

Medical records are an essential piece of evidence in a personal injury claim. They document the extent of the injuries and the treatment received, and they can help to establish a link between the accident and the injuries sustained. Without medical records, it can be difficult to prove that the injuries were caused by the accident, which can weaken the claimant’s case.

It is important to note that the medical treatment received should be reasonable and necessary. This means that the injured person should only receive medical treatment that is directly related to their injuries and is necessary for their recovery. The injured person should also follow the treatment plan recommended by their healthcare provider, including attending all appointments and following any instructions for at-home care, such as exercises prescribed by your physiotherapist following a whiplash type injury.

In addition to creating a record of the injuries, seeking medical treatment also demonstrates to the insurance company and the court that the injured person is taking their injuries seriously. Failure to seek medical treatment can be seen as evidence that the injuries are not severe or that the injured person is not taking the necessary steps to recover. This can weaken the injured person’s case and reduce the amount of compensation they may be entitled to.

It is also important to continue seeking medical treatment until the injured person has fully recovered, or until they have reached maximum medical improvement, or often referred to as stable and stationary. Maximum medical improvement is the point at which the injured person has recovered as much as possible and is unlikely to see any significant improvement with further treatment. Once the Claimant’s injuries have become stable and stationary, an independent medico-legal expert can comment on different factors of a claimant’s injuries, which can be used to determine the amount of compensation they may be entitled to.

In addition to seeking medical treatment, it is important to choose the right healthcare provider. The healthcare provider should have experience in treating the type of injuries sustained, and they should be willing to provide documentation of the injuries and treatment received. It is also important to inform the healthcare provider of the accident and the circumstances surrounding it, as this information can help to ensure that the injuries are properly diagnosed and treated.

Finally, it is important to be honest with the healthcare provider about the injuries and the circumstances surrounding the accident. Providing false information can damage the injured person’s credibility and weaken their case. It is also important to keep detailed records of all medical treatment received, including dates, names of healthcare providers, and any medications prescribed.

In conclusion, seeking adequate medical treatment is crucial in a personal injury claim. It not only ensures that the injured person receives proper medical care, but it also creates a record of the injuries that can be used as evidence in a personal injury claim. It is important to choose the right healthcare provider and to be honest and forthcoming about the injuries and the circumstances surrounding the accident. With proper medical treatment and documentation, the injured person can strengthen their case and increase their chances of receiving fair compensation for their injuries.

If you have been injured in an accident or incident, it is important to seek legal advice as soon as possible to determine your rights and options. Contact us today to discuss your current matter with one of our experienced solicitors.