Inability to Get Recommended Medical Care
The fact is that many people that are injured in auto accidents have no access to medical care. Unfortunately, many of those injured have no medical insurance. Likewise, they often do not have auto insurance medical payment coverage which would cover medical expenses up to a set limit in case of an auto accident.
Insurance companies frequently dispute the necessity and amount of medical care needed after an auto accident.
In cases such as these, the failure to obtain recommended medical treatment would not necessarily harm your case. However, it does make the case a little more complicated.
Willful Failure to Obtain Medical Treatment
The situation is very different in those cases where the injured person willfully fails to obtain treatment. This would involve the situation where the injured person has access to medical treatment but fails to obtain it.
Whether or not failure to get medical treatment will affect your case will depend on why you did not get medical care. Willful failure may harm the case while an inability to get care will not.
Far more often, the situation involves patients that miss appointments and follow-ups. The failure to keep appointments and follow-ups can have significant negative consequences for the settlement of a case.
No Medical Treatment, No Injuries?
The insurance adjuster will often take the position that the failure to obtain treatment when it is available or the failure to keep appointments as an indication that the injuries and harm either do not exist or they have been exaggerated.
Medical documentation proves that your injuries exist. Obviously, a lack of documentation does not necessarily mean there were no injuries as the the insurance company may argue.
Moreover, medical documentation showing the failure to get recommended treatment where it is available can be equally or even more damaging. After all, if the medical treatment is available and the injured person fails to obtain it for no good reason, then it might legitimately be questioned how serious the injuries really are.
Estimates of Future Medical Expense
The damages or recovery in a personal injury case will often include recovery for future medical expenses. In those cases where the injured person willfully neglected medical treatment, the calculation of future expense can be complicated and difficult to say the least.
Estimating future medical expenses is very important, and are difficult to calculate.
The calculation of future medical expenses is often dependent upon the treatment recommendations of a medical provider. In other words, a medical provider may say that a surgery will be required. It is then necessary to estimate what that surgery will costs.
In cases where an individual can not afford medical care, an attorney may know of a way to help get medical treatment for these people.
The above discussion is a fairly simplistic discussion of the issues. There may be countless variables and variations from one situation to the next. It is very important that you understand the complexities and challenges so that you may fully recover for your injuries.
Because these situations are rather complex, it is important to seek the guidance of a personal injury attorney experienced in car accidents, insurance issues and medical expense issues. Going at it alone against an insurance company in a case like this will rarely be to your advantage.