• By: Kevin Levian, Esq.
Avoiding Pitfalls: Common Mistakes In Post-Accident Medical Treatment | Levian Law

Thinking of Skipping That Next Medical Appointment? Don’t Do It.

I understand how exhausting and painful it can be to even consider leaving the house for yet another medical appointment especially when it feels like nothing is improving. But no matter how tempting it is to skip, you need to go.

Missing medical appointments can harm your personal injury claim. Gaps in treatment give insurance companies an easy argument: if you don’t feel the need to keep getting care, they’ll claim your injuries aren’t serious, or worse, that you’re exaggerating or fabricating your pain to exploit the system.

If an emergency comes up and you can’t make it to an appointment, contact your doctor as soon as possible, explain the situation, and reschedule at the earliest opportunity. Staying consistent with your treatment is critical to both your recovery and your case.

The Biggest Mistake To Avoid: Not Following Your Doctor’s Treatment Plan

Doctors are trained to deliver the care you need to heal. When they provide instruction (whether it’s about attending physical therapy, getting an MRI, or completing chiropractic treatment), it’s based on their expertise in ensuring your recovery.

Failing to follow their treatment plan not only slows or prevents your recovery, but it also weakens your claim. Insurance adjusters will use noncompliance as ammunition to question the seriousness of your injuries and reduce or deny your compensation.

If you want to heal physically, mentally, and emotionally and ensure your costs are fully covered stick to your doctor’s plan. Every appointment you attend, every prescribed therapy you complete, and every instruction you follow reinforces your commitment to recovery and strengthens your case.

Make today, tomorrow, and every day about staying on track until your doctor gives you the all clear. Your health and your claim depend on it.

Kevin Levian Partner & Founder - Levian Law

Attorney Kevin Levian is a compassionate California personal injury lawyer who has lived through the very same type of accident; he helps other victims navigate injury claims every day. He is writing to provide the kind of guidance and wisdom he wished he had had when handling questions of compensation and insurance coverage to make sure no one else has to go through the same ordeal alone. 

Have you been injured or hurt in a California car crash? Spoken to a doctor yet? Contact Kevin Levian today to schedule an initial consultation.

Pre-Existing Conditions: A Vulnerability In Your Personal Injury Claim?

In theory, pre-existing conditions should not harm your personal injury claim. In fact, they can often be used to strengthen your case. If an accident worsens a pre-existing condition, that exacerbation becomes part of your injury claim, potentially increasing your compensation.

Consider two scenarios:

  1. Someone has pre-existing lower back pain that was improving with treatment until a car accident significantly worsened it.
  2. Someone with no history of back pain is involved in a similar accident, resulting in minor soreness that resolves with treatment.

In the first case, the documented pre-existing condition can actually support the claim. The accident clearly caused the condition to worsen, making the injury more severe than it would have been for someone without the same history. This entitles the injured party to greater compensation, as the accident caused an exacerbation of a known issue.

However, failing to disclose a pre-existing condition can harm your case. If the insurance company uncovers a previous injury during litigation, it may weaken your credibility and reduce your chances of a favorable outcome. Full transparency is essential.

Remember: You Can Refuse Surgery Or Seek A Second Opinion Without Hurting Your Case

Your body is your body, and the decision to undergo any medical procedure whether it’s surgery or another intervention is entirely yours. If you feel unsure about a recommended procedure, seeking a second opinion is not only reasonable but encouraged.

A second opinion often confirms the initial recommendation and can provide you with additional confidence in your decision. However, if you choose to refuse a procedure that is deemed necessary for your recovery, this could impact your compensation. The insurance company might argue that refusing treatment suggests your injury isn’t as severe as claimed.

Refusing a procedure won’t necessarily cost you your case, but it’s important to weigh the medical advice carefully. Making informed decisions with your health in mind is always the priority.

How Is Your Treatment Going?

Have you been following your doctor’s orders? Staying consistent with your treatment plan ensures the best outcome for your recovery and strengthens your claim.

For more information on avoiding pitfalls and building a strong case, your next best step is to schedule a free initial consultation. Get the answers you need by calling (888) 694-8869 today.

Kevin Levian Partner & Founder - Levian Law

Attorney Kevin Levian is a compassionate California personal injury lawyer who has lived through the very same type of accident; he helps other victims navigate injury claims every day. He is writing to provide the kind of guidance and wisdom he wished he had had when handling questions of compensation and insurance coverage to make sure no one else has to go through the same ordeal alone. 

Have you been injured or hurt in a California car crash? Spoken to a doctor yet? Contact Kevin Levian today to schedule an initial consultation.

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