When you are intent on avoiding medical mistakes after a Charleston truck accident, you increase your odds of a successful courtroom outcome. The more steps you take toward recovery, the fewer chances opposing insurance companies have to limit the compensation you need. To further increase your odds of a favorable settlement or trial verdict, choose to work with an experienced truck accident attorney today.
The Mistakes That Follow Not Adhering to Medical Treatment Regiments
In a Charleston tractor-trailer accident case, medical mistakes include not following a doctor’s advice. The insurance companies, their lawyers, and adjusters could make the argument to the injured person and the jury that the individual did not take personal responsibility for their actions. Often, these opposing parties argue that victims did not take appropriate steps to mitigate their damages. Their failure to follow the doctor’s advice is why they are injured, not because of what happened in the tractor-trailer accident.
The insurance company assumes that if the person followed their doctor’s advice, their injuries would heal and they would not have chronic, long-term problems. The objective of the insurance company is to pay less or to get the jury to award the injured person less.
To avoid further mistakes, victims need to follow-up and get the treatment. Treatment is a pathway to getting better and making a full recovery. Occasionally, a client knows they are not going to obtain a specific treatment recommended by their doctor. For example, if the person previously had back surgeries, they may decide they do not want to endure that again. Everyone has to respect their judgment that it is not a procedure for them. However, insurance companies try to use that against victims and claim the victim is not hurt as bad as they claim and that they should have done things to improve their condition and failed to do so. The insurance company only ever claims such in a way to avoid paying what a victim is asking. Medical treatment is a serious issue to discuss with one’s doctor and lawyer in a case. The injured person needs to follow the medical treatment plan as provided by their doctor.
Treatment Gaps the Hurt a Victim’s Case
When someone is involved in a Charleston truck accident, medical treatment is verified by insurance companies. In doing so, the companies try to determine the severity of the damages a victim suffers and if at all the accident was caused by the alleged wrongdoer. People with serious injuries tend to treat and get medical treatment for those injuries. However, there are times where there are gaps in that medical treatment, and insurance companies often try to capitalize on that gap, despite the legitimate reasons behind the gaps.
Sometimes, a person is pregnant and cannot get diagnostic imaging tests like an MRI or CT scan because it is dangerous to the baby. There may be life circumstances such as a death in the family that creates justifiable and reasonable gaps.
When an individual has an injury, waits a year and tries to treat, it is more difficult to link their injury back to the original accident date. Victims inadvertently provide the insurance company with an opportunity to blame their current problem on something they did in the 12-month period gap in treatment. If there was a problem from the accident, they should have treated more contemporaneously and recently than waiting a year to treat their injury. The insurance company could make the argument that they are going to pay out less in the person’s case because they did not treat appropriately and there are gaps in treatment. To avoid medical mistakes after a Charleston truck accident, victims could work with an attorney who could hold them accountable to their treatment and work to gather the compensation they need from the responsible parties.
Speak to a Charleston Truck Wreck Attorney to Avoid Medical Mistakes Today
The treatment you need following your accident with a tractor-trailer is likely substantial. However, you need to be cognizant of the medical mistakes to avoid after your Charleston truck accident. Each mistake made gives the opposing insurance company a chance to deny paying you what is right for your injuries. To mitigate the chances of a mistake, choose to work with an attorney who has experience litigating truck accident cases.