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At PKSD, you can meet with one of our qualified attorneys to discuss the unique details of your situation. This meeting is completely free, with no obligation to hire our firm. If we do end up representing you, we take injury cases on contingency. This means, you pay no money up front or while we manage your case.
Submit your request for a FREE case review today. 414-333-3333
Injury victims have a right to recover compensation for damages caused by someone else. That said, it is still a legal process and certain things must happen for your claim to be successful.
When you file a claim, you are asking the liable insurer to pay for the damages their policyholder caused. However, the insurance company will not do that without first:
As the injured victim, you and your attorney also have steps to follow in the legal process. For instance, when you file a claim, you will need to include:
It is not a short process, especially if you have extensive injuries. There are several mistakes you could make along the way that can hurt your claim.
Missing medical appointments is one misstep you want to avoid doing in any injury claim. First of all, skipping medical care greatly risks your health. It may also hurt your claim and cause you to end up with far less compensation. In some cases, injury victims who fail to continue their medical care during an injury claim end up with nothing.
Whenever you see a physician, undergo testing or receive any type of medical treatment, it gets added to your medical records. In an injury claim, this official document may be used as evidence. On the positive side, seeking medical care right after an accident, such as a car crash, helps support your claim by providing details that link your injuries to the event, such as:
Alternatively, the absence of certain records can hurt your injury claim. For instance, if an injured victim waits for a couple of days after a car crash to seek medical care. The longer you wait, the harder it is prove where and when you got hurt. Delays also create time gaps that give insurers the ability to argue that your injuries happened somewhere else.
If you sought emergency medical care after your accident, you may wonder why skipping medical appointments is such a big deal. To answer that question, it is important to remember what your claim is about.
As the injured victim, you are telling the insurance company their policyholder caused you harm. You are also asking them to compensate you for the damages you sustained in that accident. Keeping that in mind, it is reasonable to argue that when people get injured, they get medical help. If an injury is not all that bad, an individual will likely self-treat at home. Thus, the logic is that if you missed medical appointments, your injuries are likely very minor. Additionally:
Many victims injured in a car crash or other accident may initially seek medical care and then not get any further treatment. However, failing to follow your physician’s care plan can put your health at risk. It could also limit your ability to fully heal from your injuries. In some cases, skipping medical appointments could cause your injuries to get worse. It may also lead to chronic pain or other secondary complications that you could have avoided.
Every visit related to your injuries creates additional evidence in your medical records. This is true whether surgery is recommended or if you are going to weekly physical therapy. These records further strengthen your claim and the injuries caused by the at-fault party.
Alternatively, missing medical appointments and ignoring your doctor’s care plan means there is no further entry added to your medical records. When the insurance company reviews these records, the absence of further treatments could impact your claim in a bad way. Skipping recommended treatment strongly indicates that your injuries are not as bad as you say. The insurance company may think if you are exaggerating your injuries, there are other holes in your statement as well.
Missing medical appointments or just discontinuing your treatments does more than risk your health or weaken your evidence. It also creates doubt about your credibility. The perception is that if you do not continue your medical care, you do not want to get better or your injuries are only minor. The missed appointments will be in your records instead of follow-up treatment notes. The damage to your claim could be considerable.
Sometimes injury victims may have doubts, either about the recommended treatment or the doctor providing the care.
For instance, if a doctor recommends surgery, an injury victim may wonder whether it is really needed. All surgeries carry inherent risks, such as developing an infection. Victims may be concerned and wonder if the potential outcome makes the risk worthwhile. In this situation, however, it is better not to skip an appointment, but rather to seek a second opinion.
At PKSD, we have team of qualified legal professionals that have been representing injured victims for decades. To date, we have recovered millions on behalf of our clients.
If you were injured by the negligence of another person, we are prepared to help. Our Milwaukee-based personal injury lawyers have extensive experience and are ready to seek maximum compensation. Working with an attorney from day one can also help you avoid making errors, like missing medical appointments, that could hurt your claim.
Contact our firm today to learn more. We are available to take your call anytime, night or day.
Experienced Lawyers. Proven Results. 414-333-3333
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin, Illinois, Iowa and New Mexico.
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