Following Your Doctor’s And Attorney’s Advice Is Key To Motor Vehicle Collision Cases

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If you have the misfortune to suffer injuries in a motor vehicle collision, the most important thing for you to do, quite simply, is to rest and recover. The law requires that you “mitigate your damages.” In other words, you must do that which is necessary to improve your physical condition and limit the effects of your injuries.

Second only to following your attorney’s advice, following your doctor’s advice in the aftermath of a motor vehicle collision is a key to securing fair compensation. This may necessitate taking some, or all, of the following steps:

  1. Do not miss appointments with your doctor. Stay in touch with your doctor and be certain to keep your appointments. If you have to cancel, notify the doctor with as much notice as possible. The words “no show” on a doctor’s record sheet can be used against you at the time of settlement or trial.
  2. Attend physical therapy sessions as prescribed. Your physician may prescribe therapy to facilitate recovery from your injuries. Physical therapy is often helpful in many types of injuries including strains and sprains. If physical therapy is prescribed, be sure to keep your appointments and participate actively in the process.
  3. Do what your doctor tells you to do. If your physician prescribes certain medications, therapy exercises or limitations on activities, be sure to follow your doctor’s orders. Failure to follow your doctor’s advice can be used against you when it comes time to settle your case or can be used against you in court if your claim proceeds to trial.
  4. Follow your doctor’s advice with respect to work and leisure activities. If your physician advises you to rest, stay home from work, or avoid certain activities, it is important that you follow such advice. If you resist your doctor’s advice and do activities that have been forbidden, it will not only prevent a speedy recovery but also could affect the legal aspects of your case. Even though staying out of work may have an impact financially, it is important that you follow such advice so that your recovery will be enhanced. Your attorney will attempt to recover lost earnings.

Understandably, clients are concerned about how medical bills may be paid following a collision. In summary, your medical bills may be paid from one of the following sources:

  1. Your own health insurance from your employment benefits package
  2. Your own health insurance that you may have paid for personally
  3. Health insurance obtained by your spouse for your benefit or by your parents if you remain eligible under their policy
  4. Medical payments insurance coverage from your own automobile policy (also known as PIP, or personal injury protection) if you were driving your automobile and were involved in an automobile collision
  5. Medical payments insurance coverage from the person with whom you were riding, if you were a passenger in an automobile that has automobile insurance coverage
  6. Your own personal funds if you were not insured and are able to pay medical bills as they are incurred
  7. Workers’ compensation insurance if your injury occurred while you were working on the job and the injury occurred as a result of your employment
  8. The liability insurance coverage for the person, persons or company who caused your injuries. Such insurance coverage will most likely be paid at the time of settlement rather than during the period that you incur such medical bills
  9. Other possible sources: Depending on the nature of your case, your medical bills may be covered by any of the above possibilities. If there is no insurance coverage, your bills will be gathered by you and your attorney and may be paid at a later date, if and when your case is resolved

If you or a family member is injured in a motor vehicle collision, you will have many questions. You should consult with an attorney who is familiar with this area of the law, who will assist you in making informed decisions and who will make sure that you receive the compensation to which you are entitled.

 
To learn more about this subject, contact David Diggs at the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville. Call 410-244-1189 or email david@diggslaw.com.
 
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