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THE SUCCESSFUL CONCLUSION OF ANY PERSONAL INJURY CLAIM IS ALWAYS THE RESULT OF
COOPERATIVE EFFORTS BETWEEN THE CLIENT AND ATTORNEY.

best-utah-personal-injury-accident-attorney-david-laurence-altman-st-george-personal-injury-car-accident-lawyerAs your lawyer, our law firm will utilize our best efforts to present your injury claim in a manner that achieves the largest possible settlement for you, the client.

As a client, you provide the basic foundation for your personal injury claim by obtaining all medical treatment necessary to insure your complete recovery. 

Together, our coordinated effort will result in the best possible outcome for your personal injury claim.

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Documenting medical records of examinations, tests and treatment are documentary proof of the nature and extent of your injuries is essential in establishing the true value of any claim for pain and suffering.

In General, Claims Presented To Insurance Carriers Fall Into One Of Two Categories Or A Combination Of Both.
OBJECTIVE INJURY CLAIMS AND SUBJECTIVE INJURY CLAIMS.

OBJECTIVE INJURY CLAIMS

Car Accident Personal Injury Medical Treatment 101

OBJECTIVE INJURY CLAIMS are those claims where the injuries are readily visible or observable. Scarring, cuts, bruises, abrasions, swellings and wounds are typical examples of externally visible injuries. Some internal injuries such as a broken arm or nose may also be visible to the naked eye because of observable deformities caused by the underlying internal injuries.

Visible or observable internal injuries are those injuries which show up on x-rays, CT Scans and MRI’s or other procedures which produce films or diskettes of injuries inside your body. Broken or fractured bones, herniated or protruding discs, internal knee derangements and dislocated shoulders are all examples of internal injuries which can be observed and documented by specific medical procedures or tests.

SUBJECTIVE INJURY CLAIMS

Car Accident Personal Injury Medical Treatment 101

SUBJECTIVE INJURY CLAIMS are those claims where the injuries are not observable or visible to the naked eye and cannot be unequivocally documented by any known or universally accepted medical procedure or test. Examples of subjective injuries are muscle sprains and muscle strains, commonly referred to as “whiplash injuries.”

SUBJECTIVE INJURY CLAIMS are based exclusively on a patient’s personal description of complaints and symptoms. As a result, when doctors encounter subjective injuries they must rely almost entirely on the patient’s own statements to diagnose the injuries and determine an appropriate treatment plan. Unless the patient communicates the existence of such injuries to his or her treating doctor, the doctor can neither diagnose nor treat those conditions.

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Insurance companies always look for inconsistencies between the patient’s statements and the patient’s behavior.

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Insurance companies use those inconsistencies as justification for discounting the extent of injuries and offering less money to settle the patient’s claim.

Behaviors That Insurance Companies Find Inconsistent With Claims For Bodily Injuries:

DELAYS IN SEEKING TREATMENT

best-utah-personal-injury-accident-attorney-david-laurence-altman-st-george-personal-injury-accident-lawyer-medical-treatment2Insurance carriers expect truly injured claimants to seek immediate medical treatment.
 
The preferred choice for the first medical treatment is the local hospital emergency room.  The second choice is a walk in urgent care medical clinic.  Delays of more than a few days in seeking treatment may raise questions as to the existence of injuries and the need for treatment.

Delays of weeks or months in obtaining treatment will significantly reduce the value of any personal injury claim regardless of the severity of damage to the claimant’s vehicle.

 

MISSING DOCTOR’S APPOINTMENTS

best-utah-personal-injury-accident-attorney-david-laurence-altman-st-george-personal-injury-accident-lawyer-medical-treatment2Regardless of excuses, insurance companies usually take the position that an injured  persons would seek and continue treatment on a regular basis until released by their doctors.  

Missed appointments and gaps in treatment suggest to the insurance carrier that the claimed injuries were insignificant or even non-existent; from the insurance company’s perspective truly injured claimants should keep all of their scheduled appointments without fail.  

Following the doctor’s treatment program does not guarantee that any insurance carrier will fully accept the need for all treatment rendered, but it does at least remove one objection that insurance companies use at every opportunity to dispute the extent of pain and suffering.

 

PREMATURELY ENDING TREATMENT

best-utah-personal-injury-accident-attorney-david-laurence-altman-st-george-personal-injury-accident-lawyer-medical-treatment2Patients who under treat and do not follow their doctor’s recommended duration of treatment create the impression that a quick recovery from injuries occurred; personal, business or transportation excuses for ending treatment early will not convince the insurance company that the claimant did not receive all of the medical treatment needed for a full recovery.  

The value of any personal injury claim is measured in part by the actual number of treatments and the duration of treatment, not the amount of treatment the patient should have received.  

Once released from treatment it is difficult to resume treatment without creating a suspicion that the resumption of treatment was motivated by financial gain rather than a true reccurrence of physical complaints.  

It is never a good idea to be discharged from treatment before the maximum benefits of treatment have been realized by the patient.

 

ENGAGING IN STRENUOUS ACTIVITIES

best-utah-personal-injury-accident-attorney-david-laurence-altman-st-george-personal-injury-accident-lawyer-medical-treatment2Participating in sports or work, where such activities requires bending, lifting, heavy labor  agility or endurance, is almost always inconsistent with the expected behavior of a person suffering personal injuries.  It does not matter whether those personal injuries are subjective or objective.  

Strenuous activities should be avoided at all costs.  If a claimant cannot take time off from work, the doctor can provide the employer with a “light duty” work restriction statement or put other limits on the patient’s ability to work.  Self-employed claimants should hire replacement personnel to temporarily do any heavy or intensive labor and will be entitled to receive reimbursement for the cost of such substitute labor.

Engaging in inappropriate work or play may convince the insurance carrier that injuries are insignificant or not worthy of meaningful compensation.  Additionally, work or play when injured can often cause aggravations of the accident related injuries with the  result that the insurance carrier will claim an apportionment between their responsibility for the accident related injuries and the claimant for aggravating those injuries.

CLIENTS WHO FOLLOW THESE ADVISORIES WILL GREATLY ASSIST THEIR LAWYERS IN OBTAINING
TRULY FAIR AND REASONABLE SETTLEMENTS, AWARDS AND JUDGMENTS.

Best-St-George-Utah-Lawyer-AttorneyDocumenting the extent of injuries by promptly seeking treatment, following the doctor’s treatment regimen and not acting in a manner physically inconsistent with  injuries are all elements of the case that are entirely within the clients’ control.  

In that sense the client, more so than even the lawyer, can determine the potential value of a personal injury claim.

At the Law Offices of David Altman, we know that after being injured you have a lot of questions about your personal injury claim. We can help you navigate through the legal maze facing personal injury victims in Utah. Our aggressive representation and legal experience will ensure that you will receive the care and attention you deserve while dealing with the consequences of an accident cause by someone else’s negligence.  You can be assured that your injury claim will be handled efficiently and effectively and you will get the compensation you deserve.

Call us today for a free no obligation consultation at (435) 688-9999.

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