The Biggest Medical Mistakes Personal Injury Victims Make
Personal Imjury Attorney | Beloit WI | Monahan and Johnson, S.C.

An experienced Personal Injury Attorney can ensure your settlement is fair and protects you and your family.

A personal injury attorney will help protect your rights and recover proper compensation for injuries you have received.

However, your personal injury attorney can only work with the facts of the case. In some instances, the individual sustaining the personal injury in Beloit WI can harm their case and limit the compensation they receive by making mistakes with doctors and treatments they receive following their injury.

Below is a list of common mistakes limiting the effectiveness of your personal injury attorney in Beloit WI before he or she even has the opportunity to work on your behalf.

Things To Avoid To HELP Your Personal Injury Attorney

The Personal Injury Victim Does Not Seek Medical Help Quickly

If you suffer a personal injury in an accident, such as a car accident, you as the personal injury victim are always responsible for proving you were injured in incident in question. If your injury isn’t enough to require immediate medical attention, insurance companies and juries may conclude you are not hurt badly enough to deserve compensation. You can be sure the validity of your injuries will be challenged by the insurance company. Don’t hesitate to have the police on the scene get you to a doctor if you feel any pain at all. After all, you don’t want the first words to the jury from the insurance company attorney to be, “He didn’t even see a doctor for two weeks.”

The Personal Injury Victim Isn’t Truthful With Their Doctor

Doctors usually ask if you had any injury or sickness BEFORE your personal injury event. Honesty at this point with this question is huge. Doctors use past medical history to diagnose and treat patients. Incomplete or inaccurate information can hurt the quality of care you receive. Concealing a prior injury from a doctor may hurt your legal case. By providing doctors with incomplete or inaccurate information, their medical opinions could easily be rejected by insurance companies or juries. This standard applies to the description of the accident too. Be accurate and do not exaggerate. If you embellish the story, Lawyers for insurance company will question your credibility. Remember, too, a reactivated old injury is the same as a new personal injury. The pain from an old injury can be as painful as a new injury.

The Injury Victim Asks The Doctor For Legal Advice

Most doctors do not want to be involved in a lawsuit. If you tell a doctor he or she is treating a personal injury that is part of a lawsuit, it could affect their willingness to offer treatment or provide opinions. A doctor’s focus is on your medical condition and helping you heal. Details of your legal issues or concerns are usually unwanted.

The Injured Person Fails To Attend Follow Up Doctor Appointments

Once injuries are claimed in a lawsuit, medical records will be released to the insurance company and will be seen by juries. Skipping medical appointments will appear as a “no show” in the medical records. No matter how valid the reason for the “no show”, it will not be noted in the record.

In addition to “no show” entries making it look as if you were not committed to recovery, you could also be irritating your doctor. Irritated doctors generally are not good witnesses. You can also count on the insurance company lawyer saying –

  • The injury must not have hurt much because he or she didn’t even show up for appointments.

Or

  • The patient would have recovered from this injury if he or she had attended the doctor appointments.

 

Injury Victims Do Not Document Their Injuries Accurately

Medical records are need to document damage and pain. Insurance companies and juries will not believe you are in pain just because you say so. They need to read about your pain in your medical records. When insurance companies and juries review your records, they will be looking for –

  • How soon you reported pain after an injury.
  • How long you continued to report that pain.

An effective way to document your specific injuries and pain prior to your first doctor office visit if possible. Be sure to note how your injury has affected your daily life. Having trouble using stairs, kneeling at church or problems performing specific tasks at work should be recorded. Keep a copy of what is given to the doctor and provide a copy to your personal injury attorney in Beloit WI.

The Victim Does Not Tell The Doctor They Are Unable To Work

Every inconvenience must be documented. Neither insurance companies or juries will believe an injury affects your ability to work because you say so. If a personal injury is limiting your ability to work, having your doctor document it is important. An insurance company may not fully compensate for your lost wages unless a doctor fully documents your inability to work due to injury.

The Injury Victim Doesn’t Take Prescribed Medication

Doctors prescribe a medication for a specific time period for a reason. Not following a doctor’s instructions implies a personal injury is not as bad as being claimed. So, if a medication is causing muscle ache or stomach upset, be sure to say so. Side effects are not rare and doctors can usually switch to an alternate drug. Avoid putting yourself in the position of admitting you did not follow doctor instructions. This can be devastating to your personal injury claim.

Stopping Medical Treatment

Insurance companies and juries often believe stopping medical treatments for a personal injury means the injury is healed. Significant gaps between treatments also imply an injury is healed. If you have an injury affecting your ability to function, seek medical treatment until you are healed (or a doctor concludes there is nothing more to be done to improve the condition). If pain continues and your doctor tells you to “come back as needed” or “call me if you have any problems,” you should ask how long you should wait to call if you continue to have the same level of pain or impairment. Continue treatment until you reach your maximum medical improvement. Any break in treatment will call the severity of an injury claim into question.

Depression and Anxiety Is Not Documented Or Treated

Often pain and disability triggers depression and anxiety. Conditions such as depression and anxiety are just as real as broken bones. They require appropriate treatment. Whomever causes another person’s physical injury is also responsible for resulting psychological issues. For Insurance companies and juries to compensate victims of injury-related depression and anxiety, the conditions must be properly diagnosed and documented by medical professionals.

Those With A Personal Injury Do Not Maintain A File

A personal Injury attorney in Beloit WI must be aware of every medical care provider visited after an injury. Documenting all doctor orders, treatment referrals and work restrictions must be part of a master file. Keeping a file of all materials from health care providers and insurance companies ensure you can provide all necessary information to your personal injury attorney. The result is your personal injury attorney will be able to present your case a way maximizing your chances of receiving the highest compensation for your injuries.

Your Personal Injury Attorney In Beloit WI

Monahan and Johnson S.C. in Beloit WI are experienced personal injury attorneys and are ready to assist you in navigating the personal injury recovery process.

Monahan and Johnson S.C. offers a free initial consultation to Beloit and Janesville WI area residents. You will meet one-on-one with an experienced personal injury attorney.

Call or email Tom Johnson today at 608-362-8086 for more insight about how to proceed with your personal injury attorney in Beloit WI.

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Personal Injury Lawyer – Tom Johnson

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Monahan & Johnson, S.C.
400 East Grand Avenue, Suite 101
Beloit, Wisconsin 53511 Phone (608) 362-8086 Fax (608) 362-7880