injury treatment denied

Neck and Back Pain After a Car Crash: What to Do

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

If you were involved in a car crash and are suffering from pain in your neck and/or back, you may be wondering what, if anything, you can do to make the pain go away. For some lucky individuals, taking a few painkiller pills and getting good rest is enough for whiplash symptoms to go away. These are the lucky few. For most people, severe whiplash following a car accident can lead to months and sometimes years of neck and back pain. To add insult to injury, if the car crash wasn’t your fault, you’re now stuck with the headache of getting your car fixed, and face a potentially long road of physical recovery.

See a Doctor

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

The severity of your back pain may be difficult to diagnose by yourself. For example, strained muscles may very well heal on their own without significant medical treatment. However, if you have suffered damage to the vertebrae in your spine, you may not get better without medical treatment. Only a doctor that can give a qualified examination and order the appropriate diagnostic studies such as x-rays and MRI scans will be able to figure out what is going on in your back and neck. To make matters more difficult, many people suffer acute pain for a variety of injuries to their back, not being able to differentiate between the injuries. Some of the pain may go away, some may get worse.

Many people injured in car accidents are afraid to ask their attorney or their medical doctor for advice regarding treatment because of their insurance situation. Many people have high deductibles, or do not have health insurance. If you were not at fault for the car accident, a good lawyer can make sure you are able to receive the care you need. After all, you wouldn’t require medical attention if not for the negligence of someone else, so many personal injury law firms are able to help point you in the right direction. At the very least, you should go to an urgent care office to get checked out.

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Attend All Treatment

Most doctors prescribe a regimen of treatment to address your injuries following a car crash. This often includes physical therapy, chiropractic care, massage therapy, possibly acupuncture, and a variety of other treatment options. These options are for what are called “soft tissue injuries,” and many people benefit from this treatment.

One way that insurance companies deny payment for medical treatment is by saying the patient was non-compliant with the treatment the doctor prescribed. If the doctor says attend three chiropractic appointments a week for six weeks, but you only attend three appointments total, you’re unlikely to have future treatment paid for. Do what the doctors tell you to do. Your attorney will make sure the bills are paid for, but can only do this if you attend all your appointments and are in all ways compliant with the doctor’s treatment plan.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

Keep a Treatment and Pain Journal

Pain affects everyone differently. For some people, a 2-3 mm disc bulge in their spine will be immensely painful; for other people, the same injury will not bother them much. For this reason, insurance adjusters often justify low settlement offers by trying to categorize your injury with the “average” pain and suffering involved in such an injury. There is no “average” injury, of course, when it comes to your health. Your financial recovery should not depend on how much pain other people feel. For this reason, if you keep track of your pain levels in a notebook, you can track the ways in which your injury have affected your life, and later use this to prove to insurance adjusters that you were in fact injured, and that the consequences of their insured’s causing an accident have affected your day to day life.

Call an Injury Attorney

Not many people want to get lawyers involved in their problems. The challenge with injury cases is you usually don’t have experience or an understanding as to how the claims process works. Thus, you don’t know what you don’t know, and are at a severe disadvantage when it comes to knowing whether you’re getting taken advantage of, or whether the insurance company is treating you fairly. Ask a lawyer who practices injury law your questions. You will have a better understanding of how the claims process works. Just because you call a lawyer does not mean you have to sign up with a lawyer and take your case to trial. In fact, the involvement of an injury lawyer in your case may mean you’re less likely to end up in court. Why? Because insurance companies know that if a good lawyer is involved in representing you for your injury, they are often better off playing fair and paying you a fair settlement for your claim than going to court.

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Think Long Term

If you hurt your neck or back following a crash, you may have a day where you feel better, followed by several days of pain. You’re unlikely to feel the same way every day. This means you have to think long-term about the severity of your injury. Will you feel better in a month? Will you feel better in a year, or in ten years. Will you ever feel better? Remember that the person who caused the crash is legally responsible for making you whole again. That means you should be put back in the position you were in before the crash, both financially and physically. The law protects the injured for their long term health, but you have to do your part to think ahead. You can’t simply decide a year after a car accident that you’re still in pain and start going to the doctor and expect the at-fault driver’s insurance company to pay for your medical treatment. You have to think long term from day one, or as close to day one (the date that you were injured) as possible.

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. 

 

How Gaps in Treatment Affect Injury Claims

One of the frustrations many people experience when trying to settle their personal injury claim with an insurance adjuster is trying to figure out what a “gap in treatment” is, and why the at-fault driver’s insurance refuses to pay for some medical treatment. If you were hurt by someone else, and you have medical bills that are the result of treatment you received following the injury, how is it possible that those bills will be your personal financial responsibility, when the reason you have them in the first place is because someone else was negligent? This article will help people who have been injured in a car crash understand what the insurance companies look for.

Treatments to the back, neck, and spine, such as chiropractic and physical therapy care, can sometimes last several months after a car crash.

Treatments to the back, neck, and spine, such as chiropractic and physical therapy care, can sometimes last several months after a car crash.

Chronology of Medical Treatment

Immediately following your injury, which for the sake of using an easy to follow example, we’ll say was the result of a car crash. The law in California is that the person who hurt you must make you “whole” again, or put you in as close to the same condition you were in before the car crash. This means physically, emotionally, financially, and sometimes even socially. So if you were hurt, and you seek medical treatment, it follows that the person who hurt you should pay for your medical bills, right? Yes, and no. The at-fault driver is responsible for reasonable and medically-necessary treatment. So the insurance company can deny payment for medical treatment you receive that they say is not the result of your injury, in this example a car crash.

The most common way an insurance adjuster will deny payment on medical bills is by saying there was an unreasonable gap in treatment. If you wait too long to receive treatment, they will argue that you weren’t really hurt, and that treatment you receive after a gap is not really their insured’s responsibility. So what should you do to make sure the insurance adjuster doesn’t refuse to pay your medical bills by saying you waited too long to treat your injury?

Proper diagnostic studies, such as an MRI, can help avoid gaps in treatment. If you know the severity of the injury, you're better equipped to treat it properly.

Proper diagnostic studies, such as an MRI, can help avoid gaps in treatment. If you know the severity of the injury, you're better equipped to treat it properly.

The first thing any injury lawyer will advise their attorney to do is get a medical checkup as soon as possible. If you’re hurt, go to a doctor. Go to an urgent care, or an emergency room, if necessary, but if you were injured, you need to have a medical professional document the nature of your injury. From there, you should follow the advice you are given. For example, if you go to your primary care physician and he or she tells you that you require an x-ray, or an MRI, then it is your responsibility to follow up and get the care they tell you is needed. If you don’t do what your doctor says, the insurance companies will say you were non-compliant with recommended treatment. This hurts your claim, and as it relates to the outcome of your case, it is more likely you will receive less compensation during the settlement phase of your injury case.

What is a gap in treatment?

Our office has seen insurance adjusters claim that delays in seeking the advice of a doctor for as little as three days after a car accident is unreasonable. More common, any delays of more than five days after a crash will certainly be disputed, and the longer you go in between treatment, the worse it will be for your case. This can be difficult for single parents and anyone who works, as taking off work, or scheduling a babysitter to make it possible for you to visit a doctor and receive the treatment you need is sometimes a difficult obstacle. A good injury attorney will be able to successfully argue that any gaps were not only reasonable, but that you did everything you could to follow up on medical treatment. After all, the injury was not your fault in the first place, so you should not have to turn your life upside down to go to the doctor.

What is a proper treatment sequence?

If your primary care physician says you need chiropractic care, or physical therapy, generally the minimum number of appointments you should plan on attending is one per week; gaps of more than one week can hurt your claim. Of course, life happens and it can be hard to stay consistent with treatment. The medical benefits of going to a chiropractor or physical therapist are greater if you go more frequently; a good chiropractor or physical therapy office will be able to work around your scheduling conflicts, and give you therapy you can do at home to help alleviate your pain. Most personal injury law firms in California are aware of the good chiropractors and physical therapy offices that help people recover from car accidents, as well as those who perhaps have a reputation of not helping their patients reach a full recovery.

what if I need to return to treatment after a gap?

Unfortunately, many people have no choice but to return to treatment, such as a chiropractor or physical therapist, not because their schedule was crazy or they were being lazy, but because their symptoms/injuries returned. That is, after a sequence of treatment at a chiropractor or physical therapist, the doctor says let's see how it goes, and after a few weeks, you realize you are still suffering from pain from the car crash. Most doctors put in their notes that this may happen. This is often referred to as a flair up. Insurance companies do whatever they can to deny paying for these kinds of treatment. In many cases, the only way you'll successfully get them paid for is by hiring an attorney. In fact, this is a common reason people seek advice from an injury lawyer - they have a need to continue medical treatment for their injury, but the at-fault driver's insurance is saying they won't cover the bills.

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Can an Injury Attorney Help?

It is hard to imagine a circumstance where contacting an injury attorney after a car crash would be a bad idea. If nothing else, you'll be able to ask the questions you're wondering about, and get the advice from someone who works on this type of legal case every day. Gaps in treatment can hurt your claim, but not all "gaps" that insurance adjusters deny are fairly denied. Keep in mind that the best attorney to answer your question may not be in town. This is normal, and most injury firms that practice exclusively injury law in California represent clients throughout the state. If you live in a rural area or small town, chances are the best injury lawyer to consult with is not close by. However, many law firms in areas of California with greater populations, such as Orange County and Los Angeles County, are able to fully service clients that live within the state of California, with ease using technology.