Menu
HAVENS MALCZYNSKI GRIGOLLA, LLP

How Important Is Medical Treatment In Terms Of The Personal Injury Process?


The nature of the injuries is the number one factor that will dictate the total dollar amount of the claim. A close second is a process of actually getting the necessary treatment for those injuries. Recovering from the injuries is crucially important both for you as an individual and for your claim. This will prove that the injuries are real and the cost of treatment is reasonable, which is the information that the insurance company needs in order to pay the highest amount of money to settle the claim.

Evidence of consistent medical treatment in accordance with the doctor’s recommendations is probably the biggest component of successful negotiations with the insurance company. These companies will always point to gaps and delays in treatment as evidence that you were not really injured or that the treatment was unnecessary, so it’s absolutely crucial to immediately and continuously get the treatment you need until it is complete.

Will The Insurance Company Have Access To My Past And Present Medical History?

Through your and your law firm’s authorization, the insurance company will have a right to obtain access to your past medical records in order to ensure that the injuries you’re claiming now were not pre-existing and are not being wrongfully attributed to their insured. They will essentially have access to everything unless there is an issue entirely unrelated to the case at hand, such as a pregnancy 10 years ago when the current case involves a broken leg.

If emotional distress or post-traumatic stress disorder is a component of your claim, then the insurance company will also be entitled to access your psychological records to determine whether those claims are attributable to their insured or the accident.

Should I Notify My Insurance Company Of An Accident?

You have a contractual obligation to notify your own insurance company of an accident. If it turns out that the at-fault party does not have any insurance or has an insufficient amount of insurance to cover the damages, then you can utilize uninsured motorist coverage through your own insurance company. However, if you wait too long to report the accident to your insurance company, then your claim for this coverage may be denied.

The other reason to notify your insurance company of an accident is so that your insurance company can notify the at-fault party’s insurance company that you do have a valid insurance policy. This is important because of California Proposition 213, which states that a person who gets injured in an auto accident and does not have auto insurance is only entitled to reimbursement of the costs of their medical bills, not pain and suffering.

For more information on Timely Medical Treatment In A PI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.

HAVENS MALCZYNSKI GRIGOLLA, LLP

Call for a free assessment of your needs
(626) 385-6303.

Related Articles

Follow Us On