lien care

Car Crash Injury? Keep a Pain Journal

A lazy injury lawyer will get you enough money to pay for your medical bills and perhaps a bit more. A good injury lawyer will get you money to compensate for the ways in which your life is now different than it was before.

A lazy injury lawyer will get you enough money to pay for your medical bills and perhaps a bit more. A good injury lawyer will get you money to compensate for the ways in which your life is now different than it was before.

If you’ve been injured in a car accident and are recovering from your injuries, you may notice that your symptoms are worse some days, and better others. This is typical for most people, and with any luck you won’t have to get involved in a lawsuit in order to get a fair settlement for your car crash case. However, even in pre-litigation (when your attorney is negotiating on your behalf with the insurance company of the at-fault driver), insurance companies’ default position is that you’re only as injured or hurt as the paperwork says you are. That means that if it isn’t documented over time, you are not really injured.

Pain and suffering includes changes to your lifestyle. If you were active before, and can no longer do what you previously enjoyed due to someone else's negligence, a good injury lawyer can help compensate you for this loss.

Pain and suffering includes changes to your lifestyle. If you were active before, and can no longer do what you previously enjoyed due to someone else's negligence, a good injury lawyer can help compensate you for this loss.

What is a Pain Journal?

Your documentation of the pain you experience as a result of your car crash does not need to be anything fancy. In fact, writing notes in a simple notebook is enough. The most important thing is that you document regularly how you feel, and the affect it has on your life. For example, if you have a particularly difficult day, and have to cancel a social event, or forego a planned activity, this should be documented. Many pain journals are simple hand-written entries on a couple sheets of paper. In California, there are so many car crashes and subsequent injury claims, that you need to show the at-fault driver's insurance company that your injuries are real, affect your daily life, and did not simply disappear overnight. 

As part of your injury claim, you should include the ways in which your lifestyle has been affected. For people who previously lived an active lifestyle, there is no amount of money that can compensate for the things they can no longer do.

As part of your injury claim, you should include the ways in which your lifestyle has been affected. For people who previously lived an active lifestyle, there is no amount of money that can compensate for the things they can no longer do.

How Frequently Should You Update It?

Because your pain journal is an informal document, there is no rule of thumb to follow as far as how often you should update it. However, the more often you can write down specific instances of pain, and how it affects your lifestyle, work, or ability to parent, these things should be written down. If you are seeking medical treatment for an injury, you should be updating your pain journal at least a couple times a week. As time goes on, your pain journal will show how your symptoms are improving, if they are improving. This can also help show that you were compliant in following doctors' recommendations and orders. As the cost of your medical treatment rises, the insurance company will be looking for reasons to deny paying your medical bills. When a plaintiff has a thorough journal showing how the injury has affected his or her life, it becomes increasingly difficult for the other party's attorneys to say you weren't hurt and they shouldn't have to pay for your medical expenses.

A pain journal does not need to be fancy. Keep track of the days you feel worse than usual, and document days when you're feeling better. This will be of great value to your injury law firm as they negotiate on your behalf.

A pain journal does not need to be fancy. Keep track of the days you feel worse than usual, and document days when you're feeling better. This will be of great value to your injury law firm as they negotiate on your behalf.

Why Does it Help?

Your case is one of tens of thousands that insurance adjusters will review. If necessary, your attorney may have to file a lawsuit on your behalf, and will have to prove that you were injured by someone else, and that your injuries have affected your lifestyle. As part of the process of determining the value of your case, or in other words, how much money you are likely to be paid as a settlement, your medical records will make up one portion of your claim, and your pain and suffering will make up the second part of the evaluation. 

Orange County is home to a beautiful coast - if you previously enjoyed days at the beach, but have had to cut back on your leisure activities due to an injury, a good Orange County injury lawyer will help compensate you for this change in your lifestyle.

Orange County is home to a beautiful coast - if you previously enjoyed days at the beach, but have had to cut back on your leisure activities due to an injury, a good Orange County injury lawyer will help compensate you for this change in your lifestyle.

What is 'Pain and Suffering'

The laws in California provide for compensation for your pain and suffering, which is sometimes called your general damages. So if you were injured in a California car crash, and you are seeking a claim against the driver who hit you, you will have two parts to your claim: special damages (the "hard costs", such as your medical bills and other things you paid out of pocket for), and general damages (hard to put a number on, but the value of your pain and suffering). The more you can prove you were injured, the better position your injury lawyer will be in to win more money for you. For example, if you had a hobby you can no longer participate in, or if your exercise routine was disrupted or changed as a result of the car injury, you are entitled to pain and suffering damages for the negative affect the accident has had on your lifestyle. All these things are unique to your case, and of course specific to your lifestyle. But it is not enough to simply state that you've missed out, or your life has changed. You need documentation, and a pain journal can be of great assistance to your lawyer as he or she fights for your case.

Assessing General Damages (Pain and Suffering)

Orange County residents who were injured in a car crash have many options of injury lawyers to choose from. 

Orange County residents who were injured in a car crash have many options of injury lawyers to choose from. 

Your personal injury lawyer will be explaining the many ways in which your life has been affected by your injury. This may include anything from a sport you can no longer play, to difficulties caring for your children, to discomfort in a variety of situations unique to your life as a result of someone else's negligence. Because it is not as simple as adding up receipts and claiming the total, you must be specific in explaining to your injury lawyer the ways in which your life has been affected. He or she will then argue these points on your behalf. A good injury lawyer in California will be able to compare the types of losses you have incurred with similar cases in the past. An injury law firm that has handled a lot of cases and is paying attention to trends in the courts will be in the best position to fight for maximum value for your car crash injury case. 

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 Does Lien-Based Medical Treatment Work?

Receiving proper medical treatment after an injury is critical to your physical recovery. If you don't get the right care, the chances that your injury will persist for many months and years is significantly higher. However, with the right treatment after a bad car crash or other type of injury, your chances of a full recovery are much better. But what about the cost of getting the "right" care? Most people don't have the cash or credit to get all the treatment they need, and this applies to people with good health insurance, too. 

Some of the best medical facilities in California accept injury liens.

Some of the best medical facilities in California accept injury liens.

Lien-Based Treatment

Doctors area able to treat you and get paid later - obviously the doctor that treats you and gets a check from your health insurance has to wait a few weeks to get paid. This is one approach to the business of healthcare. Some doctors are willing to provide treatment with the expectation that they will be paid after an injury case settles. The idea is that if you were injured by someone else and there's a lawyer involved who is handling the case and expects to win, the insurance company will eventually be paying on the case. In this situation, the patient signs a lien, meaning that when the case settles, the doctor gets paid before the patient does. For example, if you are injured in a car accident and receive lien-based medical treatment, the sequence goes like this: treatment is received by you, with no out of pocket costs. Then, after your attorney wins the case, or reaches a settlement with the insurance company of the at-fault driver, the money goes into a trust account at the law firm's bank. From there, the attorney must first pay the doctor who has a lien - this contract/lien is in the attorney's file. In this way, the patient is able to get the right medical treatment, and the doctor's office is paid for its services.

Proper diagnosis matters: It isn't enough to just say you were hurt, or that your life has changed. You need the right doctor with the right training to help you reach a full recovery.

Proper diagnosis matters: It isn't enough to just say you were hurt, or that your life has changed. You need the right doctor with the right training to help you reach a full recovery.

Why Might Lien-Based Treatment Be Good for Injured Patients?

Big HMOs can be difficult to schedule appointments with, especially if your treatment requires many follow-up visits, or a consultation with a specialist. We've all had the experience of waiting for a referral to a specialist and being told that so-and-so doesn't have an open appointment for a few weeks. Well, if you need to see an orthopedic surgeon or neurosurgeon today, but you can't get in for a month, your health lays in the balance during that time. Also, the quality of care can be better with doctors who treat on a lien. Many lien-based medical offices, or doctors offices who accept traditional health insurance, as well as cash payments and lien based payments, are privately owned. These doctors are often highly specialized, meaning they are able to sustain their own businesses without the need to be part of a big HMO system or hospital. 

Because the offices tend to be privately owned, the doctors have more say in who they decide to treat, and who they decide they don't want to treat. This means they can control their schedules better, meaning your chances of getting in for an appointment are better. The payment system is also a big issue for a lot of people injured in car accidents, auto versus pedestrian injuries, and slip and fall injuries. Again, because many people don't just have thousands of dollars set aside in their bank account just in case they are injured in a car accident, most people are not ready for what can be expensive medical care after an accident.

Access to the proper specialists without having to wait months for an appointment is one reason many injured people decide to seek lien-based treatment.

Access to the proper specialists without having to wait months for an appointment is one reason many injured people decide to seek lien-based treatment.

How Does Lien Treatment Affect Your Injury Case?

The bottom line is that if you don't get proper medical treatment for your injuries, you can't expect the insurance company to take your word for it and trust you were injured. No medical treatment means no settlement money to compensate you for your loss. For example, if you were injured in a car accident, but due to financial constraints or scheduling conflicts you weren't able to get the medical care you needed, you can't just expect the at-fault driver's insurance company to take a compassionate route and pay you the same amount for your injury as if you went to the doctor. Thus, even with very bad injuries, without the documentation and proper treatment from a doctor, the insurance company will not pay fair money on your claim.

But what is "fair" money anyways? Well, consider a scenario in which two people have identical injuries from the same crash. One person goes to the doctor, sees the specialists he/she is referred to, and reaches a full recovery after a few months. The doctor's notes document the patient's injury step-by-step, from the first visit until the last. Perhaps this person's case settles for $50,000. Now consider the second person does not go to the doctor, although they have the exact same injuries. This person has nothing to "prove" he/she was injured. They may not get any settlement at all. If they do get a settlement, it will likely be around a couple hundred of dollars, known as "nuisance money." If the second person gets $500, that's a difference of $49,500! The difference is the first person sought appropriate and reasonable medical care, and their injuries are documented by a medical professional. Although the second person had identical injuries, they basically walk away with nothing. 

How Can You Find Lien-Based Treatment?

If you got hurt in a car accident, or got hit on your bicycle, or was injured and it was not your fault, you're likely going to need to see a primary care physician, or other general medical practitioner. This may be at the emergency room, or at urgent care, or at your primary care physician's office. The office may refer you to future treatment, and you can ask if they know of offices for the treatment you require who will accept lien-based care. Also, most personal injury law firms are aware of medical facilities that are willing to treat on a lien. A good injury lawyer will have handled lots of injury cases, and so he or she will have worked on files and made payments on past cases to medical offices and doctors who accept lien-based care.

Many top surgeons accept liens. This is one reason some injured clients decide to have their surgeries performed at a private medical clinic rather than at an HMO

Many top surgeons accept liens. This is one reason some injured clients decide to have their surgeries performed at a private medical clinic rather than at an HMO

What Kind of Treatment Can You Get on a Lien?

Name a kind of medical office or specialty and you can find an office that treats on a lien. In California, there are surgeons, chiropractors, MRI facilities, physical therapy offices, holistic medicine, orthopedic surgeons, pain management, podiatrists - the list is basically endless. This is not to say that every office accepts lien-based care, or even the majority. While lien-based treatment is increasingly popular, the majority of medical offices may not be comfortable with this arrangement. However, if a medical office has provided treatment and then gotten paid promptly by a good injury attorney, they are very likely to accept lien-based treatment. For this reason, a medical office may want to know the name of your attorney and the firm he or she works for. If your attorney is a general attorney who does a bit of everything, but does not focus on personal injury exclusively, it is less likely that the medical office will be willing to treat you on a lien. But, if you are represented by a law firm that focuses its entire practice on injury law, the chances that that medical office will be willing to treat you up front at no cost are much higher.

Get an Attorney With a Good Reputation

Because doctors want to work with attorneys who they know will win the case and pay the doctor's bill, it is important that you seek an attorney who has a lot of experience handling personal injury cases. Consider that with the aid of modern technology, the best attorney for handling your injury claim may not be in your town or even your county! Most law firms these days are able to do a lot of work using email, faxes, and video-chat, such that someone located in San Bernardino, for example, might be best off going with a law firm represented in Orange County or Los Angeles County. At the end of the day, you want an attorney who knows injury law backwards and forwards - the chances that you will find an attorney with that kind of experience just by happenstance that is located in your city or town may not be high. Most attorneys in California will agree that the best thing you can do is find an attorney who focuses on one type of case, and has room in his or her schedule to give your case the attention it deserves.

Still Have Questions?

The Lions Injury Lawyers, P.C. focus entirely on personal injury matters. They don't handle any other types of cases but injury claims. They accept car accident cases, auto versus pedestrian (including auto versus bicycle and skateboard), slip and fall, general negligence, products liability, failure to warn, and premises liability. The Lions are not a settlement mill - they won't just settle your case for pennies on the dollar in order to be able to handle more cases. All cases handled by The Lions are handled by an actual attorney. If you have questions about your case, including whether it is worth it to get an attorney, or whether in the end you'll get more money in your pocket by representing yourself or going with a lawyer, you should talk to a lawyer. Call The Lions and talk to a lawyer, not a salesman.  

Back to where you were before the injury - that's what the law says you're entitled to after you're hurt by someone else's negligence.

Back to where you were before the injury - that's what the law says you're entitled to after you're hurt by someone else's negligence.