Chapter 3: Staying The Course In Recovery
The Importance Of Keeping Up With Medical Treatment
If you don’t stick to your recovery plan after a serious wreck, you’re not doing your body any favors. You’re not doing your case any favors, either. One thing that insurance companies love to point out and use against you is gaps in your medical treatment.
To them, it doesn’t matter what else you have going on in your life. It doesn’t matter to them if you have work, kids who need to be picked up, or other responsibilities. To them, if you’re missing appointments, it means you’re not really hurt. Having gaps in treatment gives them another arrow in their quiver that they will not be shy about using.
The other thing to consider is that once you close your case (either through a settlement or a jury verdict), it’s usually final. If, in the weeks that follow, you find the pain is back or hasn’t properly healed, you can’t go back and ask for more compensation. This is why it’s crucial to follow your treatment plan carefully.
The Hidden Dangers Of Missing Sessions
While physical therapy can seem repetitive, it’s still crucial to your healing process. Keep showing up. Even if you did the same exercises yesterday, even if the physical benefits aren’t as noticeable as you had hoped.
I’ve had plenty of clients who didn’t take their doctor’s orders seriously and didn’t go to physical therapy, all because they didn’t see an immediate impact. Then, one day, they open their eyes and realize they can’t get out of bed due to back pain.
The impacts of injuries have a way of snowballing and creeping up on you; don’t let them! Listen to your doctor, take care of yourself, and show up to your appointments.
Which Specialists And Technologies Are Involved In Treatment?
There are all different types of injuries that come with a car wreck, and each type of injury may have its own treating specialist. For example, a physical therapist can help with motor function and rebuilding strength. A chiropractor may be needed to help you readjust your spine, creating a healthier baseline that keeps pain from snowballing.
Neurologists, neurosurgeons, psychiatrists, pain management specialists, and orthopedic surgeons may also be called on to diagnose injuries, repair damage, and help you move forward.
On the technical side, there are various types of imaging that can be done to verify injuries. X-rays and MRIs are typical, and open MRIs exist for claustrophobic patients. CAT scans can help get objective evidence of injuries, and specialized forms of brain imaging (such as DTI imaging) can also be done.
Technology has advanced considerably over the last decade, meaning there’s far more advanced machinery out there that can get much clearer pictures of traumatic brain injuries, ligamentous damage, and other injuries.
When The Insurance Company Isn’t Taking Your Pain Or Symptoms Seriously
While I aim to be professional and cordial no matter who I’m dealing with, there are times when it becomes necessary to agree to disagree with an insurance company, take a case to the next level, and head to trial. Perhaps the insurance company is being unreasonable or thinks they have an ace up their sleeve.
When the insurance company isn’t taking your pain or symptoms seriously and we’re talking in circles, I’ve turned to difficult insurance adjusters and told them, “It’s a good thing you won’t be on my jury”. Because that will be our next step, and ultimately, a jury, not the insurance company, becomes the arbiter of what your case is worth.
Be aware that going to trial is not a quick process. Hiring experts throughout the trial will take money, as well, but in all, it’s a process built for justice. At trial, I can ultimately lean on a jury, tell your story, and argue for the maximum damages possible for your losses.
Attorney Shawn Gozarkhah is a hard-working, caring personal injury attorney serving California. Since 2012, he’s helped injured clients just like you regain dignity and find answers after a serious auto wreck causes harm.
Have questions, or in need of effective legal guidance? Reach out to The Law Man Group, APC for an initial consultation today.
Chapter 4: Telling The Full Story Of Your Injuries
The Importance Of Having Your Medical Journey Clearly Documented
As I mentioned earlier, the insurance representatives and the defense counsel don’t live with you and don’t know what you go through on a daily basis. They will get medical records and even treatment notes, but this doesn’t convey everything that happens in between sessions.
A truly effective way to bridge the gap between sessions is with a pain journal. This will be a daily record of your pain, what hurts, how you feel, and the types of activities that are impacted by your auto incident. It doesn’t have to be grammatically correct, and it doesn’t have to be typed, but it should explain, in your own words, what your pain is like.
Be sure to document the progression of your pain, if any pain is getting worse, or if pain is getting better. This pain journal will be important, especially in cases of more catastrophic injuries.
Share this pain journal with your attorney, too, and with your doctors. The clearer picture your doctors have of your injuries and pain, the more precise and helpful their treatment plans can become. This is not a time to hide your injuries, minimize your pain, or feel embarrassed about struggling. Be honest, be clear, and be specific.
How Can A Pain Journal Help Maximize Damages?
In a personal injury case, after liability is established, the next aspect of your case involves damages. Damages fall into two broad categories: economic and non-economic.
Economic damages are fairly easy to calculate, and they can include your medical bills, future medical expenses, lost wages, and damage to your vehicle.
Non-economic damages seek to compensate you for pain and suffering, mental anguish, and the emotional and psychological toll of the incident and its impacts on your daily life.
If the insurance company won’t settle for a reasonable amount, pursuing non-economic damages will involve helping a jury understand the human struggle you’ve been through. Little details like, “I can’t put my sweater on in the morning; my wife has to help me now” can have a far greater impact than simply stating, “I have a torn rotator cuff and even with surgical intervention, I may need more surgery in the future”.
There’s a human aspect to that first statement that’s especially vivid and helpful. As a result, a pain journal can help give a jury the full picture of how your injury first impacted you and how it has changed your daily life. And the better a jury understands your pain and suffering, the better they can value your non-economic damages.
How An Attorney Assures Your Full Story Is Told
A good and experienced personal injury attorney will know (based on your diagnosis, your injuries, and what they have seen in the past) exactly what questions to ask and how to best support your claim. They’ll know which dots to look for, know how to connect them, and in this way present a complete picture of your injuries.
An attorney can use your pain journal, a day-in-the-life video, or graphics to make this information more digestible to the ultimate decision makers, whether that’s an insurance company, a jury, or a judge. And this is where you’ll see the real value of a personal injury attorney.
Remember, anyone can order medical records, put them in chronological order, and send them off. But it takes a skilled attorney to present a holistic picture of your losses and fight successfully for the true value of your case.
Attorney Shawn Gozarkhah is a hard-working, caring personal injury attorney serving California. Since 2012, he’s helped injured clients just like you regain dignity and find answers after a serious auto wreck causes harm.
Have questions, or in need of effective legal guidance? Reach out to The Law Man Group, APC for an initial consultation today.
