Significance of documenting all of your injuries and symptoms after an accident or personal injury
Thanks for joining us today. We're going to be talking about the importance of reporting all of your injuries and symptoms following an accident or injury. In the immediate aftermath of an accident, whether it's a car accident or a trip and fall or some other type of event resulting in injury. Very often people will focus on only those symptoms that are most painful at that time or most serious, seemingly serious at that time. Establish the connection between your accident and ALL of your injuries and symptoms So for instance, if someone sustained a broken bone probably that's going to be the emphasis of their initial presentation to the hospital, presentation with the EMS. Similarly with their follow up, with their primary care physician or specialist dealing with that fracture or broken bone. But, there might be a whole host of other symptoms and injuries that this person is also experiencing that they may feel are less important or less significant at that time. And that could be neck pain, or back pain, or shoulder pain. Maybe over the next three or four months, the person will continue to deal with the broken bone and sort of leave these other things in the background thinking they're going to get better. What sometimes happens is the more obvious injury, the injury that started off as the bigger problem, like the broken rib or the broken bone. It heals, and that pain goes away, and now you start to recognize, well, it's been four months and the neck and the back or these other symptoms that you thought were not as significant and would also resolve are still there, and maybe they're even getting worse with time, and so now three or four or five months later, You start reporting that to your doctor. How to protect yourself against denial of claims by the insurance company The insurance company will use that gap, that period of time from the date of the incident until months later when it's finally reported as proof. And they will say those injuries were not caused by the accident or they would have been reported immediately after the accident. And that's a really, really common tactic of insurance companies and their legal team to defeat claims and deny claims. So they're going to say, well, if your back and your neck and all these other symptoms really existed and were really problematic, why isn't it in the hospital records? Why isn't it in the primary care physicians records? And in fact, you went there three or four or five times or more in the first three or four months after the accident. And it's not mentioned once. And all we see is treatment for the broken bone. The insurance company will use that to say, this wasn't caused by the accident. This is your real problem. And this is what's preventing you from maybe returning to work or doing your daily activities. And they will deny your claim. And it's a strong defense, it's a tough defense to overcome. Why it's important to provide a clear record of injuries with your treating doctors and healthcare professionals Because even your primary care physician, even your treating doctor, if cross examined, if asked by the insurance company, will have to admit that it was not reported in the three or four months following the accident. And so as much as your primary care physician may support you and believe you that this was caused by the accident, their evidence, their opinion is vulnerable because they will have to admit that it's not contained in their clinical notes and records. And what that means is you didn't report it. Document and report all symptoms and injuries no matter how minor you think they are Don't give the insurance company an easy opportunity to defeat your claim. Don't just focus on the injury that's most significant and ignore those that you think are more minor and will probably get better with time. Report them all. It's better to report everything and then if they resolve and as they get better, they will fade away in terms of the treatment and the care you're recovering. So an easy way, a quick tip, easy way to remember to report all of your symptoms when you see your doctor is just think head to toe. Start from the top of your head. And work your way down to the tips of your toes and make sure you take full stock and full inventory of all of the symptoms, all of the injuries, and report each and every one to your family doctor. Even if they're not being treated at that point in time because they don't appear significant enough, it's important that they are recorded. Be sure to address any cognitive, emotional or psychological trauma caused by the accident Also, If you're feeling any non physical symptoms, if the injury has impacted your ability to think clearly, to recall information, to read and retain information, and to communicate with people. If it's changed your mood at all. Like, for instance, if you find yourself to be angrier than normal, if you feel symptoms of anxiety or panic or fear, or if you feel low or depressed. Even your sleep. Maybe you're sleeping more often. Maybe you're not sleeping as well, having difficulty falling asleep, or sometimes difficulty staying asleep. Make sure your doctor is aware of all of these symptoms. Because number one, if your doctor is aware of it, they'll be in a better position to treat you. And number two, help eliminate the possibility of the insurance company later on saying that these injuries and symptoms aren't from the accident. How do pre-existing injuries affect injury claims? Even if some of the new symptoms or injuries are superimposed on pre existing injuries. So, for instance, prior to the accident you already had occasional neck pain or low back pain. As a result of the accident, these symptoms are worse. The insurance company will look back at your records and they'll say, well, you didn't complain that it got worse in the first month or first week after an accident. And so now, several months later, you're saying your back and your neck are worse. But if it really was, we would expect to see that in the medical records. And the insurance company will use that against you and their lawyers will use that against you to argue you're now making that claim simply for financial gain. So, if any pre-existing conditions, Have been made worse as a result of the accident. It's also critically important that you let your doctor know that as soon after the accident as you possibly can. The value of family members and friends who observe changes in you after a personal injury or accident Sometimes after an accident, you know, some people aren't in a position to relate all of their symptoms. Maybe they're not even aware of all the changes to their behavior, to their mood. Or for instance, maybe it's a child or a minor that's just not able to articulate or communicate all their symptoms. In those circumstances, we would recommend bringing a loved one with you. Bring a family member, a close family member, or another loved one or friend with you someone that can help share the information with the physician. So obviously in the case of a child they would be accompanied by an adult. It would be the adult that would be responsible for communicating all of the symptoms. Sometimes husband and wife or other close family members particularly with non physical symptoms. Sometimes the best people to observe those changes are actually the people around you and not necessarily the person that was hurt. If there is any behavioral change, mood change, cognitive change, you recognize this in a loved one, then you should probably attend with them to the doctor's office so that you can share some of your observations as well. Have Questions? Contact Us Today! I hope you found this topic informative. You probably have more questions about your Injury claim. If you do, you're welcome to call us anytime. Schedule a free consultation. Our contact details are located in the show notes below. Thanks again.
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AuthorAndrew A. Iacobelli is a Florida personal injury attorney. Andrew is also licensed to practice law in the State of Michigan, the State of Texas and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured. Archives
December 2024
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