Medical Treatment
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Accident Handbook
3.5 million insurance claims are filed each year as a result of injures
sustained from traffic accidents. One third
of all licensed drivers are
underinsured. 43 Million Americans do not have medical insurance coverage. Being
injured as a result of a traffic accident is as common as the number of traffic
accidents that occur each day. Soft tissue injuries are the most common injury
related to traffic accidents, yet they are the hardest to prove either to an
insurance adjuster or a jury of your peers.
FAQ
If you are one of the 43 million
Americans who do not have medical insurance coverage, finding a doctor and
getting treatment can be an ordeal. Most large cities have free medical clinics
or charity hospitals. If you are seriously injured in a traffic accident you
will be transported to the nearest hospital in that city. If you have soft
tissue injuries you should see a DR. of Chiropractics. In most cases they will
work with you and provide you with treatment for your injuries. Most of these
clinics have associations with personal injury attorneys who may be able to help
you. If you have
been injured in a traffic accident due to someone else's negligence, most
attorneys will take your case if you've been hurt. The attorneys have at their
disposal a legal instrument
called a "Letter of Protection" or LOP. In it’s simplest form, it is
a guarantee that the physicians who treat you will be paid out of the proceeds
of your settlement. This practice is somewhat standard in these situations.
Yes and
No. Bone breaks and compound fractures, in a way, have a healing timetable. Soft
tissue injuries really don’t have a set time to heal. Lets talk about the types
of injuries you can sustain in a traffic accident. The most common injury is
often referred to as a Soft Tissue Injury. Soft Tissue is any part of your body
that is not bone. Any injuries to your tendons, ligaments, nerves or muscles are
referred to as soft tissue injuries. These types of injuries really do not have
a timetable as to how long they take to heal. Nor do they have a set $ value. Be
wary here, even through we recommend that you see a Dr. of Chiropractics for
these types of injuries, there treatments are sometimes the hardest to get paid
for by the insurance industry. But, at the same time you may find your only
relief from pain is a Dr. of Chiropractics and not a Dr. of Medicine. We suggest
you see both.
The other type of injury is to the
skeletal system. Which includes any bone in your body from your head down to
your toes. These types of injuries, in a way, have a timetable as to how long
they take to heal and they have a set $ value. There are simple bone breaks, compound breaks, and fractures.
Bone material in most situations has a timetable as to how long they take to
heal from being broken. However, should the bone require screws and plates to
put it back together, this injury will take longer
to heal than a standard bone break. After the bone heals you then have rehab to
help you regain strength and mobility.
The
insurance industry allow a certain amount of time for this and will pay for it
up to a point. Ask lots of questions while being treated by your Doctors and use
your good common sense to know when you ready to resume life again.
Your mind also suffered in this traffic
accident. You may have nightmares or find it difficult to drive again. These are
typical reactions the average person goes through after a traffic accident. You
may have difficulty looking at yourself in a mirror because of bruising and
swelling to your body. Take time to heal the gray matter as well as the body.
Bottom line is
this; each person heals at their own pace. Don’t let anyone tell you that you
should be healed completely in x amount of time. Always be aware of the cost
associated with your medical care. You are Only going to be able to
recoup a set dollar amount. That amount of money is based on the amount of
insurance coverage the other driver has. If there policy has a $25,000 cap on
it, consider that to be a pool of funds in which their attorney or adjuster can
draw from. It doesn't mean they are simply going to hand it over to you with out
a fight. Trust us on this one, their insurance adjuster or attorneys are not
going to offer you this money. They are going to make you prove it to them, that
you required all of your medical treatments!
Here's the set up, you've been injured
as the result of a traffic accident. Your seeking medical attention, on your way
to recovery. One day you receive a call from an insurance adjuster asking you
how you are feeling and some other small talk before they tell you what they are
going to offer you are a result of your injuries. This won't be the last phone
call you will receive concerning this matter, in fact you may receive several
offers to settle your medical claims while you are still seeking medical
treatment. That's what these papers contain, a offer of money to settle your
case against them. The sooner they can get you to sign their waver they can go
on to the next case. This is the moment of truth this is the bottom line as to
how you proceed from this point on. In a perfect world they would offer you
complete compensation for you medical bills, mental anguish, lost time and pain
and suffering. In the real world, their offer may just barely cover your medical
expenses. It's when you get this phone call that you will know how to proceed
next.
Too many people sign away their rights
too soon after a traffic accident. Here’s some time-tested advice for anyone
who has been injured in a traffic accident: Take as much time as you need to
heal completely. When you think you are healed completely, test yourself for 30
more days. You should at this time be able to do all the activities you did before the
accident with out any lingering side effects. If you can, then by all means
start the settlement process. If you can’t perform these activities, then
continue to seek medical treatment until you can. If you can't perform those same
activities as you did before the accident, then sign nothing and hire a lawyer
to handle your medical disability claims.
Bottom-line, sign nothing right
after your accident. Wait until you're feeling 90-95% healed before settling
your medical claim. Feel good about the money they are offering you before
signing these paper. If you feel you are being lowballed seek the advice of a
personal injury attorney!
This is probably the most often asked
question after a traffic accident. Who does pay for your medical expenses?
If your in a one vehicle accident, your
insurance pays for your medical claims, using their claim number. Should your
injuries exceed your medical coverage, your employers insurance coverage should
pick up the rest. The laws in each state are different concerning insurance
coverage, check with your insurance agent and personnel director to find out how
your insurance provider and company policy handles these types of medical
situations.
If you were in a two vehicle accident and it
was the other persons fault, their insurance should pay for all of your medical
expenses up to their policy limits. Also, your insurance policy should have
coverage for Personal Injury Protection. Meaning if you need immediate care this
portion of your policy protects you here up to the policy limits. Again, each
state is different on how they handle these types of situations, check with your
insurance provider for your coverage options.
If you were in a two vehicle accident and it
was your fault, your insurance policy covers the other persons medical bills up
to the stated policy limits. If you were injured, your insurance covers you up
to your policy limits. Again, each state has different rules regarding traffic
accidents and fault. It's best to check with your insurance agent to clarify
your policy coverage.
If you have no medical insurance
coverage or personal injury protection and the accident was your fault, your
medical expenses are yours to pay. However, if you were hit and the other person
has insurance, you will pay for your
medical bills and then settle up with their insurance provider for reimbursement
of these costs. In most cases this is a no brainer however if you sustain soft
tissue injuries you may need a personal injury attorney to handle this.
Your employers insurance policy will
cover you in certain circumstances. If you were on company time, running a
errand, or if you were driving a company car, your employers insurance coverage
takes care of you here. If your injuries are greater than your personal policy
limits cover, in some cases, your employers health insurance plan will help with
the balance of your health care. It’s best to check with your personnel
director at work and check with your insurance agent and ask them directly what
the two policies cover in this situation.
The answer to this question depends on how
you rate your experience after your traffic accident. If you feel that you are
being treated fairly and your vehicle and medical expenses are being taken care
of, then we would say that you probably do not need a lawyer to represent you.
However, should your experience be negative and you feel that you are not
being treated fairly and they are balking at your vehicle and medical expenses
and trying to get you to settle before you are healed completely, then we would
say that you probably need to speak to a lawyer about your case.
Bottom line is this, a lawyer is going to
earn 35% to 45% of your total settlement monies. Try everything you can on your
own to settle your case without a lawyer. If you can't negotiate a settlement
figure you think your entitled to, then hire a lawyer. There is no one better
equipped to represent you than a personal injury attorney in these matters.
Refer to the
settlement offers page for a better guide on hiring a lawyer.
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