car crash medical care

It Didn't Hurt, But Now It Does: Your Car Accident Injury Recovery Questions Answered

All too often, people are involved in car crashes and don't realize they are injured until several days or even weeks after the crash. The reasons for the delay of symptoms varies from person to person, but there's no doubt that many injuries related to car crashes don't show up until after a delay. Unfortunately, car insurance companies will look at any gaps in treatment as evidence that the claimant was not injured by the subject crash. So what to do if you were hurt in a California car accident, but didn't realize the full extent of your injuries until a few days or weeks after the accident?

Gaps in treatment can end up with the insurance company denying payment of your medical bills. Whenever you're injured due to another's negligence, it is imperative you seek medical treatment immediately.

Gaps in treatment can end up with the insurance company denying payment of your medical bills. Whenever you're injured due to another's negligence, it is imperative you seek medical treatment immediately.

Get Checked By a Doctor

The most important part of recovering from your personal injury is knowing what is hurt and how best to recover from the injury. Although nobody knows your body better than you, a qualified medical doctor can help assess the severity of your injuries and help chart a plan to help you recover. Most general practitioners will be able to discuss what hurts and point you in the right direction, which often includes x-rays and MRIs in order to find out exactly what the extent of your injuries are. The sooner you see a doctor, the better of you will be, both physically and in relation to your claim or lawsuit. Many law firms advise clients to see a doctor no later than within the first week of the car crash, and some injury lawyers refuse to accept clients who have not been to the doctor within a week, so the sooner you go, the better off you'll be.

What If I Don't Have Health Insurance?

Many people delay or forego entirely healthcare after a car crash because they don't have health insurance and they are afraid of the high cost of medical bills. A good law firm that practices personal injury law will be able to point you in the right direction. There are many doctors who will treat you with no payment up front, but will require payment once your injury claim settles. This is called lien-based treatment. In this situation, your attorney, yourself, and the treating medical office, all sign a document that says the doctor will be paid once the injury case settles. Of course, you would need to have an attorney represent you for your car crash for this setup to work for you, but the benefit is you can receive the healthcare you need at no out of pocket costs.

If you don't have health insurance, seeking proper medical treatment can be scary. Talking with a good injury lawyer will set your mind at ease. If you were hurt by someone else's negligence, you have options.

If you don't have health insurance, seeking proper medical treatment can be scary. Talking with a good injury lawyer will set your mind at ease. If you were hurt by someone else's negligence, you have options.

What If I Was Previously Injured?

Sometimes, people who are hurt in car crashes are afraid they won't be able to be reimbursed for their losses because they were previously injured, or they have chronic pain. This is a common situation, and the law provides for a fair outcome. If your previous injury was worsened, or exacerbated, because of the car crash, you are able to recover the money you lost, or owe, due to the accident. That is, if the car crash made it worse, you shouldn't have to pay for the costs of medical care of getting you back to the state of health you were in before the crash. 

Getting back to living life before your car crash isn't easy. Delaying medical treatment often makes the injury worse.

Getting back to living life before your car crash isn't easy. Delaying medical treatment often makes the injury worse.

What If I Have to Travel for Work and Miss Treatment?

Life doesn't just stop just because you were rear ended and hurt. Maybe you have a vacation scheduled, or you travel for work. If you're traveling, you can't be expected to go to your doctors appointments. In this situation, again, you will likely benefit from the counsel and representation of a lawyer who focuses on personal injury cases. A good lawyer will help explain to the other party's attorneys the reason you had to travel, and will likely be able to get you fair compensation for your injury claim. The rule of thumb is you should always seek proper medical treatment for as long as you need, and you should not delay or miss appointments. But if your travel plans require you to be away, a good lawyer can explain this to the insurance company and their lawyers.

Now What?

First things first: get to the doctor! You need to take care of your health following a car crash. If there has been a delay in treatment, you will likely benefit from speaking with a lawyer who has seen cases similar to yours. In most cases, the law firm will review the facts of your case at no cost to you, and most law firms in personal injury work on a contingency fee basis, meaning their fee comes out of the case settlement value. This means you will not have to pay up front, but the fees will be deducted from your settlement. Of course, no good injury law firm would take your case and work for free - if they take your case, they know they can win. In summary, you need to get back to the doctor to treat any injury that was caused by your car accident. Then, you should consult with a lawyer who has seen a situation like yours before. 

 

Unintended Consequences of Car Modification

Most car owners who modify their cars are aware that the modifications tend to decrease, not increase, the value of their vehicle when they want to sell it. Why is the vehicle worse less money after modification, when modification can cost a lot of money? Your tastes are unique and don't necessarily match the tastes of other drivers. But there are several even more important reasons to carefully consider any modification to the external appearance of your vehicle.

This is how law enforcement may perceive you, regardless of how you're driving

This is how law enforcement may perceive you, regardless of how you're driving

Safety First

People change the appearance of their vehicle to get a certain look, something perhaps sportier than the original version. Or, maybe they want to stay up to date in trends of color and wheels. But many car owners may not consider that their modifications can have safety implications, and may not even be legal. For example, you may have driven behind a vehicle that has darkened plastic covering their rear lights, usually on a dark colored or black vehicle. The appearance makes the car look more uniform in color, as the back lights are less pronounced. What you may also have noticed is the brake lights are not as bright on these vehicles. Owners of these vehicles risk being rear-ended due to their brake lights not being bright enough, resulting in the driver behind them not being aware that the car in front is braking. 

Some modifications, like tinting light covers, especially brake light covers, can be illegal. There are millions and millions of vehicles on California roads, so what are the chances a driver of a vehicle with illegal brake light modifications will get pulled over? Maybe slim. But the chance that they'll get in a car accident certainly rises, posing a public safety hazard. This is why this particular modification tends to be against DMV standards. Also, if the vehicle has modifications that contributed to the crash, even a rear-end accident that results in injury, liability will almost always go against the car that has the modification. Thus, if you modify your car and are injured, the chances that you're placed at fault are high. Then, in many cases neither the other party's auto insurance, nor your own, will pay for your medical expenses.

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Also consider that seemingly minor modifications, if enough to convince a police officer or California Highway Patrol officer that your vehicle's appearance had something to do with causing the crash, you may be liable for any injuries caused to other parties. A car modification to make your vehicle look "cool" may not feel so cool, after all.

Visibility is Good, But Excessive Visibility is Bad

Some car owners have followed trends shown in the "Fast and Furious" movies, and other car racing movies, and install neon lights under their vehicle. Again, these modifications tend to be illegal, and the owner can be tickets. If the owner is ticketed on multiple occasions, the car may be impounded and their license suspended. What's the big deal of a little neon light? First, if you have neon lights under your car, the vehicle is very visable - too visable to other drivers, in fact, making it a distraction and a safety hazard. If you cause an accident and the other party says they were distracted by your lights, you're unlikely to convince the California Highway Patrol that your under-carriage lights had nothing to do with the crash. In fact, many California injury attorneys will attest that in almost every case where one of the vehicles has significant modifications, that vehicle is placed at fault on the police report.

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The Presumption of Guilt

Stereotypes are often unfair and inaccurate, but they still matter. You  may have an impeccable driving record and be an upstanding citizen in every way, and a great driver, but if you're involved in a crash that injures someone, the appearance of your vehicle matters. It may not seem fair, but California injury lawyers almost unanimously agree that the appearance of your vehicle comes into play when deciding who should pay for the damages. An extreme example may be helpful: if you're driving a sports car with bright paint, modified wheels, and other changes to the vehicle, and you're involved in a crash with a brown minivan, and the driver of the minivan says you were speeding and driving crazy, who do you think the police officer is going to believe? And modifications sometimes aren't needed at all: a sports car involved in an accident with a more "normal" car will often result in the sports car driver being put at fault.

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Which Modifications Matter?

If your tint is too dark, you can expect raised suspicion by the officer who makes the car crash report. If you have after-market wheels on your car, that will also likely go against you. This is not fair, of course, as the kind of rims on your vehicle likely had nothing to do with causing the crash, but these statements are made based on many years of observation by experienced California car accident lawyers who have dealt with thousands of injury cases. Under-carriage lighting, especially neon, is a big no-no; if you want to do this to your car, it is recommended that you don't drive with the lights on. You're asking for a ticket, at a minimum, and if you're involved in a car crash and someone gets hurt, your chances of not being put at fault are very low. Don't tint your tail lights; it's most often against DMV code, and it often results in rear-end accidents. Flashing lights on the interior that can be seen from outside are a big no-no. Basically anything that could distract other drivers and are not necessary to the safe operation of your vehicle are frowned upon by law enforcement, and do in fact contribute to car crashes. Mirror paint, or metallic paint jobs can often be distracting (this is, of course, obvious and on purpose), and the drivers of these vehicles will often attest that the number of tickets and perceived harassment by law enforcement is simply not worth it. Not to mention, most of these chances to your car are expensive, some costing many thousands of dollars!

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What if You're Involved in an Crash That Results in Injury?

If you were injured in a car crash, there are a lot of things to consider right away: your health, your auto insurance, the other driver's auto insurance, a police report or California Highway Patrol report, medical bills, lost wages - the list goes on and on. Most people have a decent idea of where to start and how to go about it, but there are endless loopholes designed to keep money with the insurance companies and out of your pocket. A call with an experienced car crash lawyer who practices in California may be beneficial. Also, if you were driving a modified vehicle and were involved in a crash where someone was injured, you  may benefit from speaking with an attorney, especially if you feel you were unfairly put at fault. Speaking with an injury law firm may save you a lot of time, headache, and money in the long run, and most lawyers offer these consultations at no up front cost.

The Lions Injury Lawyers practice injury law, and have seen many of the examples contained in this blog post play out in real life cases. If you or someone you love was involved in an accident that resulted in injury, you owe it to yourself to discuss the matter with an attorney, if only to reassure yourself you're going about things properly. The Lions Injury Lawyers represent clients throughout California, from San Diego all the way past San Francisco and including the Inland Empire and more remote parts of California. 

 

Car Accident Injuries & Medical Bills: What Insurance Will (and will not) Pay

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The range of injuries that result from car accidents varies greatly, from minor scuffs and bruises, to catastrophic injuries that require extensive hospitalization, surgery, and other intense medical treatment. If you were injured in a car accident in California, the laws essentially state that you are entitled to be made whole again, or to receive the medical care necessary to bring you back to the same state of health you were in prior to the car crash. The person who hit you is responsible for paying these medical bills, in general, but there are many "loopholes" that make getting full payment of your medical bills paid for difficult or impossible. 

How Does Insurance Evaluate Medical Care?

An injured person is expected to pursue reasonable medical treatment to care for their pains and ailments. What is reasonable? The answer to that question is, of course, subjective and it depends on who you ask. Generally speaking, medical care is considered reasonable by insurance adjusters if it happens at an appropriate time in relation to the car accident, the number of visits are within a normal range, and the cost of the care is within what insurance companies define as "industry standard." Some insurance companies are more strict than others when defining a price point for industry standard, which means they will not pay for treatment over a certain dollar point, regardless of where you live or how soon after your car accident you sought medical treatment. This situation leads many injured people to seek the advice of an injury attorney, even just to review their case and get advice on how to move forward.

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The Cost of Medical Treatment

Some insurance companies look to what Medicare accepts as "normal" pricing for a medical treatment or procedure. Obviously this is the lowest number possible for any given medical care, and the average car accident victim is unlikely to receive any medical treatment at the Medicare price. Does this mean you have to shop around endlessly to find the absolute cheapest medical care to treat your injuries? No. It may mean you'll benefit from the representation of a lawyer who practices car accident law, or an injury law firm that can assist you in finding access to medical care that will get you on your way towards full health. A good lawyer will fight to make sure you get your medical bills paid for and also compensation for pain and suffering.

Sequence Matters in Medical Treatment

Another way in which medical bills are slashed or denied by insurance companies is by the insurance adjuster claiming there was a "gap in treatment," or improper sequencing of care. This means that if you are hurt, you need to get help right away, and then follow the advice of your doctor. If you're injured, you need to first see a qualified doctor, and then follow the regimine the doctor prescribes you until you are better. If you take long breaks in-between treatment, you may find it difficult or impossible to get your bills paid for due to gaps in treatment. Similarly, if you know you require surgery, for example, you can't just delay getting the surgery for months and years. At some point, and it varies case by case, the insurance company will say the surgery is not related to the initial accident, and they will deny liability to pay for the operation. Sequence matters. This means you should seek the opinion of someone able to give an assessment of your injuries or ailments, like the kind of doctor visit you might get at an emergency room, at an urgent care, or through your primary care doctor. Then, you're expected to follow the advice of the doctor. For example, if the doctor says you need 25 visits of chiropractic care, you will be expected to go to a chiropractor and receive that amount of care.

Chiropractic care can be especially tricky when seeking payment for your medical bills from the insurance company of the individual liable for the accident and your injuries. Most insurance companies will balk at paying for more than 25 visits, unless specifically prescribed by a doctor not affiliated with the chiropractor's office. After 25 visits, if you are still injured, you'll be expected to seek additional treatment, something more advanced, such as an MRI, or a visit with a pain management office, or a specialist that deals with the body part(s) you've suffered injury in. 

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Don't Accept Pennies on the Dollar for your Bills

Some people injured in a car crash or other injury that was not their fault feel helpless when the insurance adjuster offers them a couple hundred dollars to pay for large bills. Feeling helpless, they don't know what to do and accept the money, thinking something is better than nothing. This plays perfectly into the insurance companies' strategy: if you offer ten people a very small settlement, at least seven or eight of those people will either go away, or eventually accept it. Dollar for dollar, this is their best bet, and they save the most money by doing this. What the seven or eight people who accept this offer do not know is that if they're offered $500, there is likely at least a couple thousand dollars available to pay for their bills, but they don't know how to get it.

Getting to a "Fair and Reasonable" Settlement for Your Injury

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If you weren't at fault, but you were injured, you deserve compensation to pay for your bills and for your pain and suffering. While the law says you deserve this, and there are tens of thousands of cases where this happens, most people don't know how to go about getting this money, and without the assistance of an experience and trusted injury law firm, you're very unlikely to get the money you deserve for your injury. Experience matters in injury law, and the representation of a good lawyer will, in almost every case, mean the injured person walks away with more money in their pocket and their medical bills paid for, than if they try to negotiate on their own. This has nothing to do with how smart the injured person is or how good a negotiator he or she is. If you don't know what your case is worth, or how the insurance company reviews your file and comes up with a price tag, you will not be able to get to their top offer. Of course, you can threaten to sue, but insurance companies are well represented by good defense law firms, so they are not intimidated by threats of lawsuits from individuals saying they'll go it alone and file the lawsuit. An injury law firm, on the other hand, will not only file a lawsuit on the injured person's behalf, but they'll go about it the right way and will very likely increase the cost of your claim by a lot of money: a lawsuit from a plaintiff represented by a good injury lawyer will get the attention of any insurance company or insurance adjuster.

The Lions Injury Lawyers, P.C. represents injured clients throughout California. Based in Orange County, CA, The Lions practice only injury law, meaning they focus 100% of their time, energy and effort on winning money for injured people throughout California. No matter if you live in San Diego County, Orange County, Los Angeles County - or somewhere else in California, The Lions will vigorously fight for you and your case. You won't talk to a salesman if you call for a free consultation - you'll discuss your case with an actual attorney, a lawyer who may eventually represent you and help you recover from your injury. Lawyers are ready to discuss your case today, or simply answer your questions.