Seeking medical treatment as soon as possible after an accident is critically important for several reasons. First and foremost, it ensures that any injuries are properly documented from the outset. This documentation is vital because it establishes a direct link between the accident and the injuries sustained, which is essential for building a strong personal injury case.
Even if you feel fine immediately after an accident, it’s important to pay attention to your body in the hours and days that follow. Some injuries, such as whiplash or internal injuries, may not be immediately apparent but symptoms can develop later. By seeking medical attention promptly, you are far more likely to identify these injuries early and prevent them from worsening.
Another key reason to seek immediate medical care is that it strengthens the credibility of your claim. Insurance companies and opposing legal teams often dissect the timeline of medical treatment. Delays in seeking treatment can be used to argue that the injuries are not as serious as claimed or that they might have been caused by something unrelated to the accident.
Additionally, medical professionals can provide essential documentation that connects your injuries to the accident (causation). This connection is important to ensure that your medical expenses and other damages are covered by the responsible party. Without such documentation, it is much more challenging to prove that the accident directly caused your injuries, which can affect the outcome of your case.
When you’re at the hospital following an accident, you need to be open and honest about your symptoms and medical history with the healthcare professionals treating you. Everything you say and do during your visit will likely be documented by the medical staff, which is essential for both your medical care and any potential legal proceedings.
In terms of what you can safely share, it’s important to provide a complete and accurate account of your symptoms and any previous medical issues. For example, if you experience back pain after your accident but have had back pain in the past, you should disclose this information. It’s important to specify that the pain in the past is different from what you’re currently experiencing. This helps establish a clear connection between the accident and your current injuries.
The key point is to ensure that the medical records accurately reflect the fact that your current injuries are related to the accident. Pre-existing conditions can complicate personal injury cases, but they don’t necessarily negate your claim.
At the same time, be mindful that insurance companies and opposing parties will likely probe your medical records. They may try to argue that your injuries were pre-existing or not as severe as claimed. Despite this, as long as you’re honest and clear about your symptoms and medical history, you ensure that your attorney has all the information he or she needs to advocate effectively on your behalf.
Fortunately, in New York, you have the right to choose your own medical providers when seeking treatment for injuries. Whether you prefer to consult with your primary caregiver or specialists recommended by your doctor or a hospital, the choice is yours. You are not obligated to see the doctors suggested by your insurance company.
Realize, however, that your insurance company may require you to undergo an examination by their chosen physician, often referred to as an independent medical examination (IME). Despite the name, these examinations are typically conducted by doctors who are hired by the insurance company and, unfortunately, may not be impartial. The primary purpose of an IME is often to evaluate the severity of your injuries and determine whether they have been resolved or are less serious than claimed.
While you are free to consult your own doctors and specialists for ongoing care, the insurance company’s IME is a standard part of the process in many personal injury cases. This examination is typically used by the insurance company to gather evidence to potentially minimize the compensation they need to pay.
The goal of seeking your own medical provider is to ensure you receive necessary and adequate care based on your specific needs. At the same time, you need to be aware that the insurance company may have different priorities, such as reducing their financial liability. They might aim to settle your claim for as little as possible or, in some cases, avoid paying it altogether. Being aware of this dynamic can help you and your legal team better navigate the claims process and advocate for a fair settlement.
Peter Hobaica, a respected attorney at Hobaica Law Office in New York, has extensive experience in personal injury law, helping numerous clients navigate the aftermath of accidents. With nearly four decades of practice, Peter's deep understanding of medical-legal intricacies ensures that clients receive the comprehensive support they need. His command of the law means he can secure fair compensation for injuries and guide you through complex legal processes.
He's an advocate you can trust, so if you have questions or need assistance, contact Hobaica Law Office today to schedule an initial consultation.
Quantifying losses that go beyond medical bills and lost wages—like the inability to engage in daily activities you once took for granted or spend quality time with loved ones—can be challenging. These are often categorized as pain and suffering or loss of enjoyment of life, and they can be deeply personal and subjective.
In legal terms, these losses are often addressed through a process that aims to fairly compensate for the non-economic impacts of an injury. This is where an experienced personal injury attorney gives you an advantage. They can help articulate and present these less tangible losses in a compelling way, making sure that the full impact of the injury is understood and considered.
Quantifying such losses takes into account the unique circumstances of each case, including your lifestyle, relationships, and overall quality of life before and after the accident. It’s not a matter of simply putting a price tag on the ability to go for walks with your child—it’s about seeking compensation that acknowledges and addresses the real, lived impact of the injury on your day-to-day life. This is why having a knowledgeable and empathetic attorney on your side is vital—they can guide you through the process and help ensure that all aspects of your suffering are considered in your claim.
The timeframe for an insurance company to decide on a personal injury claim in New York can vary significantly, depending on several factors. In clear-cut cases where liability is obvious, such as when the other driver was driving under the influence and well over the legal alcohol limit, the process can move relatively quickly, as an example.
We recently had a case like this where we reached a settlement in about six weeks. The insurance company acknowledged their policyholder’s fault and the severity of my client’s injuries, which included multiple surgeries, and they offered the full policy amount without much delay.
However, this is by far more the exception than the rule. Many other cases can take much longer—even years—to settle. The severity of the injuries is a major factor. For example, if the injuries require ongoing treatment or multiple surgeries, you’ll need to fully understand the long-term implications before agreeing on a settlement. This means the process can be extended as we wait for medical experts to provide comprehensive assessments.
Additionally, the negotiation process will significantly affect the timeline. If there are disputes about the claim’s value or if the insurance company disputes liability, negotiations will drag on. In some instances, if an agreement can’t be reached, the case may go to court, further extending the time it takes to resolve.
The amount of the insurance policy also plays a role. In cases where the damages clearly exceed the policy limits, the insurance company might quickly offer the maximum amount to limit their liability. However, if the injuries and damages are less clear-cut or if there are other complicating factors, the process can take longer as each side gathers and reviews evidence.
Insurance companies often employ a variety of defenses to deny or limit settlements in personal injury cases. One common argument is that the injured person had pre-existing conditions. They may claim that the injuries were not caused by the accident in question but are instead related to these pre-existing issues.
For example, if someone had prior back problems and is now claiming a back injury from an accident, the insurance company might argue that the current pain and suffering are due to the previous condition, not the incident.
Another defense is to argue that the injury isn’t serious enough to warrant a large settlement, or even any settlement at all. This is particularly relevant in jurisdictions with a “serious injury threshold,” where only certain types of injuries qualify for compensation. The insurance company might try to minimize the impact of the injuries or argue that they do not meet this threshold.
Insurance companies might also claim that the injured party was more at fault for the accident than their policyholder. This defense is often used in cases where there are questions about who caused the accident or if both parties contributed to the incident.
Lastly, they might argue that the injured person didn’t do enough to avoid the accident. This defense suggests that the injured party was negligent in some way, such as not paying attention or failing to take evasive action.
In response to these defenses, experienced personal injury attorneys gather comprehensive evidence to prove the accident’s impact on their client’s life and counter any claims of pre-existing conditions or shared fault.
It’s essential for you to follow all medical treatment plans you are prescribed and not miss any appointments you have. Doing so can significantly impact the outcome of your case. If you’re not adhering to your prescribed medical regimen, the opposing party’s insurance company or legal team has grounds to argue that your injuries aren’t as severe as you’ve claimed. They might also contend that any worsening of your condition is due to your failure to follow medical advice rather than the original accident.
Missing appointments or failing to follow through with recommended treatments will be portrayed as you lacking seriousness or commitment to your recovery, indicating you’re not truly injured. The argument would be that you’re not doing everything possible to heal, which could diminish the perceived impact of your injuries and, consequently, the compensation you’re entitled to receive.
However, there are legitimate reasons why there might be gaps in treatment. In cases where injuries are long-lasting or permanent, you may reach a point of maximum medical improvement where further treatment will not significantly improve your condition. For example, if a doctor and a chiropractor both conclude that there’s nothing more they can do, you would naturally stop seeking regular treatment since it’s no longer necessary. If symptoms worsen or new issues arise later, leading to a return to medical care, this can be explained as a natural progression of the injury rather than a failure to follow treatment.
If you do have gaps in care, clearly document them with the justification for having them. Be sure to communicate with your healthcare providers and attorney about any changes in your treatment or health status as things develop. Doing so will make explaining any gaps in treatment you have accurately and contextually far easier and prevent them from being used against you in court or settlement negotiations.
For more information on Medical Treatment After An Accident In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (315) 627-2800 today.
Peter Hobaica, a respected attorney at Hobaica Law Office in New York, has extensive experience in personal injury law, helping numerous clients navigate the aftermath of accidents. With nearly four decades of practice, Peter's deep understanding of medical-legal intricacies ensures that clients receive the comprehensive support they need. His command of the law means he can secure fair compensation for injuries and guide you through complex legal processes.
He's an advocate you can trust, so if you have questions or need assistance, contact Hobaica Law Office today to schedule an initial consultation.
