Three Worst Mistakes You Can Make With Your Tennessee Injury Case

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We hope it never happens, but at some point in your life, you may get into a car accident. If that happens and you have an injury, here are the three biggest mistakes to avoid.

1) Permitting any gaps to appear in your health treatment

Don’t postpone any necessary healthcare. Follow your physician’s doctor’s guidance, and do all follow-ups as prescribed. If you fail to do this, it becomes “evidence” your injuries were not actually very serious.

Lots of folks go to the Emergency Room immediately after a car accident, however, they neglected to see the chiropractor for quite a few weeks afterward. That’s a giant error to make. What happens if you went to the Emergency Room after the car accident and complained of your knee hurting? That knee pain might be hiding pains in your neck that were noticed the next day. These neck pains could even worsen and may be symptoms of a herniated disk in your back or even a pinched nerve somewhere.  Then you go in for the neck pain at a later date. Do you realize how an insurance adjuster could spin that info? If suddenly a few weeks after your car accident you have another injury appear in your health records, they will likely think:

  1. Wow! Three weeks went by and this person just now went back for a follow-up? I bet they saw some commercial on TV with some get rich fast lawyer and want to make a claim.
  2. Really? It’s been 3 weeks and this person wasn’t in pain and then now he’s making a doctor appointment? Yet he claims the pain was due to his car accident? I wonder what really made his neck hurt. I bet it’s actually something he injured months ago and now he’s trying to get the insurance to cover it. He may of even injured himself at his house. Nope, case denied.

Insurance agent’s Rule #1: If something’s not included in a person’s health records, or there aren’t any notes from the doctor, then it gets denied.

This isn’t fake information. Insurance people get trained to be pessimistic, therefore you can’t blame them. It’s actually the environment they operate in. I notice it all the time in my business. One time a defense lawyer for an insurance company called me to say, “I know the plaintiff isn’t telling the truth cause I see their lips move.” For God’s sake, don’t assist them out by postponing your care.

Ensure you inform the physician about ALL the injuries caused by the car accident. Don’t think the physician will be able to put it all together or that he can make a guess on it. If the  car accident made previous injuries worsen, then tell your physician that’s what happened.  

I am not inventing the rules; the insurance companies do that. I just need to help my clients win their cases.

Takeaway: Should you be injured in a car accident, be sure to immediately get yourself an appointment with a chiropractor and get documentation for each and every hurt or injury. Be sure to specify it was caused by the car accident if that’s what really happened.

2) Not informing your physician about everything

When someone goes to their chiropractor the first time after an accident, usually they will be asked to complete paperwork for new patients. That paperwork gets closely inspected by an insurance adjuster later, as well as by a defense attorney. Anything submitted that’s written in your personal handwriting will be meticulously studied; they will attempt to use whatever they have to disapprove a claim.

There will be some basic info regarding the timeframe your pain began on the form. Normally, it will ask you something such as, “What’s the timeframe for you feeling this pain?” If that pain started precisely at the same time as the car accident, ensure you tell them that.

But beware––if the pain existed prior to your car accident, particularly if your chiropractor was already treating you for that, ensure you have said so on the intake form of the doctor.  Lots of folks end up in that trap because they believe, “Well, it’s been several weeks or even months prior to this new car wreck and anyhow, I feel better now, consequently I am not going to put that done.” That’s the wrong way to think. You’ve just badly hurt your current case.

What if that knee injury from several years ago hadn’t been causing you any problems, yet now it’s hurting again due to the car accident? If the insurance or doctor’s form hasn’t got a place to list previous injuries, you may forget to mention it to the physician. “Well, because no one asked, and because the injury is old and now it’s gotten better, I guess I won’t put it down or talk about it.” That’s the wrong way to think. You’ve just badly hurt your current case.

Inform your physician about prior injuries despite the fact no one asks.

Plus put them down on any kind of healthcare form, despite there not being a place for them on any forms. That may seem like overdoing it, however, if you fail to tell them about previous injuries, it could be held against you at a later time.

Takeaway: Always ensure you are sharing every previous injury with your physician, despite thinking they aren’t related to the new injury.

3) Treatment with the wrong physician

If you do not like your physician or you think he isn’t on your side, you should fire them immediately. If your physician doesn’t respect you or they are rude and conceited, likely they will not assist you if you need some notes put into your medical records later or when performing a deposition if you require one at a later date.  

Medical specialists are able to do numerous things that may damage or even ruin your insurance case.

  1. They may put down notes saying you are making up the pain or they believe you are doing that. Always be totally truthful with your physicians. They are always paying close attention to patients to make sure they aren’t fakers.
  2. A physician may not trust you that there are any permanent pains due to your current injuries. A few physicians don’t believe people can receive permanent lifetime pain because of neck injuries, for instance. That’s wrong! Plus there’s plenty of science to prove them incorrect. However, that still matters since their opinion makes a big difference in a court case. Should you still have constant neck pain and it’s been more than a year since the car accident, you probably have sustained some kind of injury that’s permanent. If the physician doesn’t want to give you their support, then you aren’t going to receive  a bit of credit for your pain at a later date. 
  3. Your physician may act like the pain you have isn’t significant, and should the case end up in court, the jury may be seduced into thinking the same thing. Bad physicians are just like poor influences or a poor relationship. You need to get rid of them immediately and defend yourself.

Takeaway: You want a physician you can be comfortable with that will also provide support. So, if you hate your physician, likely they also hate you. So, get rid of that physician immediately.

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