WHAT A PI CLAIMANT SHOULD DO RIGHT AFTER THE INJURY

So you've been injured, now what? For known injuries, you should seek medical treatment without delay. This seems obvious, but many claimants neglect to do so. It is important not to delay in seeking treatment if you are hurt, because the expectation is that a truly injured person will seek immediate treatment. Stoics are not rewarded when making personal injury claims - in fact they are often penalized. A delay in treatment is a red flag that will cause insurers to carefully scrutinize a claim, for obvious reasons. Some injuries, however, do not manifest themselves for a significant amount of time. In those rare situations a delay in treatment may not hinder your claim. But in most cases prompt treatment is critical.

Another reason to treat promptly is that you need a complete understanding of your injury before you attempt to resolve your claim. Claimants have only one opportunity to seek compensation. If you come to realize that your condition is worse than anticipated after you have settled your claim, you will be out of luck. For example, back injuries that seem tolerable initially can sometimes bloom into a chronic, debilitating condition requiring surgery.

Treatment is also important to establish the amount of medical expenses that will be required to address your injury. One element to be considered in valuing a claim is the total amount of medical expenses. Pain and suffering awards are frequently established by making reference to medical expenses as well. Ideally you will have all current and expected medical expenses quantified when presenting a claim for settlement, but this is not always possible.

Claimants sometimes refrain from prompt treatment based on a mistaken impression that the wrongdoer who caused the injury should pay those expenses. The claimant then delays until some sort of arrangements are made. While the sentiment is correct, as a practical matter claims are typically resolved by means of one lump sum payment made after treatment has concluded. In the meantime, it is in the claimant's best interest to treat promptly and as needed. Medical expenses should be paid by any means available, whether from group health insurance or medical payments coverage under an auto policy or otherwise. You can worry about getting paid back later. Those who lack insurance or other resources may be eligible for Medicare or Medicaid. Some providers can also be persuaded to extend credit.

Physicians are the medical providers of preference, as opposed to chiropractors. One reason for this opinion is that physicians are more likely to be able to establish objective evidence of your injury, such as an x-ray which shows a broken bone for all to see. Another reason to prefer physician treatment is that the insurance claims industry is cynical about chiropractic therapy. Consequently, claims involving chiropractic care are often disputed by insurers, making them candidates for low offers, protracted litigation or trial. That said, go to a chiropractor if that is your treatment of choice, and make a claim for the expense to do so. Chiropractic care is relied upon by many and is a reasonable method of treatment.

There are some Do's and Don'ts to consider:

Do notify your own insurers about claims shortly after they occur;

Do notify the wrongdoer's insurance company that you are injured and will be making a claim. Discuss your injuries only in general terms, as you may not know the full extent of your own injuries;

Do not give a recorded statement to the wrongdoer's insurer. This is routinely requested, but you have little to gain from this exercise. Any mis-statements can and will be used against you;

Do not give a medical authorization to the wrongdoer's insurer;

Do take photographs of any property damage (usually to vehicles) and significant injuries like major bruises that will heal over time and be forgotten in the process.

Do not make your first order of business to be hiring a lawyer. The date you hire counsel can be admissible in a trial, and it can suggest that your primary concern was to develop a legal claim instead of seeking medical treatment;

So when should you hire a lawyer, if at all? Generally counsel should be hired in due course after your emergent treatment has been completed, or perhaps later. That doesn't mean you won't hear from unscrupulous lawyers in the meantime. I am a firm believer that quality lawyers maximize your claim value and are worthwhile in most cases. But not in all cases. If you have a small claim, you may be better off handling it yourself. More on this in my following articles.

Information provided by David L. Turner, Esq., Schulten Ward & Turner LLP, Atlanta, GA. Copyright 2004, all rights reserved. Contact dlt@swtlaw.com for more info.

DISCLAIMER: THE ABOVE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THERE IS NO RELATIONSHIP BETWEEN THE AUTHOR AND READER. FOR LEGAL ADVICE TAILORED TO YOUR SPECIFIC NEEDS, CONTACT COUNSEL OF YOUR CHOOSING.