Is the Insurance company offering you a settlement?

October 16, 2020

As lawyers, we cannot tell anyone whether to treat receive medical treatment or not to receive medical treatment. However, we can tell you how that treatment (or lack thereof) will affect your accident case. One of the most important factors in determining the value of an auto accident case is the type and duration of our clients’ medical treatment. This is true whether our client is obtaining chiropractic treatment, physical therapy treatment, or surgery. If you do not treat, then it is more likely your injuries are not going to be taken seriously by the insurance companies. From the insurance company standpoint, it is likely the Coronavirus will not be a valid reason (or “excuse”) for not treating. With this being said, there are medical providers taking all the known reasonable precautions to be available to treat patients during these trying times of COVID-19. In addition, many medical providers are doing appointments by telephone and video conferencing.

Unfortunately, the Coronavirus does not change the fact that treatment is necessary to obtain a full and fair settlement of your case. Certainly, if the Coronavirus causes delays in obtaining treatment (that can be proven to the insurance companies), such as hospitals overrun with coronavirus patients or difficulty getting doctor appointments for a week (or weeks) due to the virus, then this may be explainable to the insurance companies. This assumes that you can show that you were actively attempting to get the necessary treatment and ultimately received the recommended treatment to completion (with only a delay in receiving the treatment or treatments). Be aware that delays in treatment due to the Coronavirus will result in delays in us resolving the case, as we cannot settle a case until treatment is finished or substantially complete.

Moving forward, it is important to be diligent in getting treatment. If you are facing delays due to the Coronavirus, document those delays and keep your accident attorneys advised of the delays. In addition, if you have concerns about contracting the Coronavirus, contact your medical provider, and schedule a telephonic appointment or video conferencing appointment.

take appropriate precautions with a doctor

We certainly understand if you are concerned to go to the doctor and certainly encourage you to take appropriate precautions when treating with a doctor (i.e. maintain social distancing, wash your hands prior to getting to the medical office and immediately upon leaving, not touching your face and maintaining a dialogue with the medical doctors and staff about the precautions they are taking to protect you from coronavirus). Keeping your medical appointments, even if by telephone or video conferencing, is still very important to your case, and that is not going to change. That being said, we will discuss these issues with all of our clients and devise the best approach for each individual person.

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