When you first go to the doctor after being involved in a serious accident, you need to make sure that you mention everything that bothers you from the accident.  This is not a time to be tough and withhold information from the doctor.  I’ve handled many cases were my clients tried to be brave and did not mention certain injuries to the doctor - because they didn’t want to be a bother.  Once again if you don’t mention the injury to the doctor and it doesn’t make it into your medical records, the insurance company will treat it like it never even happened.

For example, let’s say a client has a neck injury from the accident but he doesn’t think it’s that bad.  He may choose not to tell his doctor during the first initial visit.  He’s probably thinking the injury will resolve over time.  The simple absence of that information in the medical records means that you never hurt your neck - at least in an insurance company’s world.   The insurance adjuster will doubt that the person had a neck injury because he did not mention it to the doctor during the first visit.  The client may have been trying to be polite, brave, or simply wasn’t paying that much attention to his neck at the time.  However, the absence of the information leads to some insurance adjusters to doubt the injury.  Therefore it is very important to be very inclusive of every single injury that you had after the accident, no matter how minor.  If the client chooses not to mention something and then it bothers them later on, it may be too late to assert that injury.

When you go to the doctor, basically start at the top of your head and visually make your way down your body, noting everything that bothers you.  It is better to be over inclusive rather than under inclusive during your first visit.  You can always withdraw an injury claim, but it’s much harder to add one!  The most important thing to take away from this entry is that you must mention every single thing that bothers you on your first visit to the doctor, no matter how minor the injury might be.

If you’ve been injured in a car accident, you should get medical care right away.  Don’t wait around hoping that you’re going to feel better.  Sometimes people try to tough it out, and all they’re doing is hurting their own case.  The longer you wait from the date of the accident to when you first seek medical treatment, the more the responsible party, the insurance company for the responsible party, is going to doubt whether you had any injuries at all.  The insurance companies will use your delay against you.   

Make sure you keep track of all medical providers, and make sure that you seek medical care right away.   Also, every time you go to the doctor after a car accident, make sure you mention to the doctor why you’re there.  Some clients go to the doctor and say, “Oh, my back hurts or my neck hurts,” but they never mention to the doctor it was because of an automobile accident.  If you don't mention the accident, some insurance adjusters might say your treatment wasn’t related to the car accident.  Doctors can’t read your mind.  You have to tell them why you are there.   The insurance adjusters review your medical records very carefully. If something isn't documented, it's like it never happened as far as many adjusters are concerned.

Also, when you go to the doctor, make sure that you mention everything that bothers you - no matter how slight.  Start from the head and make your way down.  Make mention of all injuries to the doctor.  Some people try to "tough it out"  but all they’ve done is hurt their own case because they waited too long or failed to mention an injury.   This is not the time to be brave or stoic.  So make sure you are very mindful of what you are telling your healthcare professionals.   After all, they want all the information so they can provide you with the best care. 

Finally, when you seek medical care, you should let your health car professionals know how the accident has affected you.  Have you canceled travel plans? Are you having trouble sleeping? Trouble at work?  Does it hurt to walk or tie your shoes in the morning?  Is it difficult to shower?  What other difficulties are you having?  Insurance adjusters evaluate your injuries but they also take into account how the accident affected your life.  Again, they look to your medical records for that information.  If you don't articulate the information to your doctors, it won't be in your records and likely won't be considered.

So in review:

1) Make sure you seek medical attention right away.
2) Make sure you mention ALL your injuries, no matter how slight.
3) Make sure you articulate HOW the accident affected your life.
4) Keep your health care professionals informed and follow through with your care.
5) Talk to an experienced personal injury attorney about your options.  Your health is very important and should be your primary consideration.

Whenever I meet with personal injury clients for the first time, I impress upon them how important it is to seek medical treatment as soon as possible after an injury has occurred. But also I impress upon them the importance of making sure they attend every single treatment session and doctor’s examination. Insurance companies routinely examine medical records with a magnifying glass. Although insurance adjusters are not medical doctors, they are looking for signs they can use to minimize your claim. The first one that I’ve mentioned before is the gap from the date of the accident to the date of the first treatment. How much is too much time? In my experience, if you wait more than 10 days before you seek active care from a medical provider, you’ve probably created some problems for your case.

However, also very important is to make sure you keep all your appointments. We are all very busy people with busy lives. We have jobs that demand a great deal of our attention, spouses who demand time from us, and children who certainly need our attention. However if you skip appointments and there are significant gaps between treatment sessions and significant gaps between examinations, the insurance company will use those gaps against you as evidence that the injury wasn’t bad enough for you to go the doctor on a regular basis.

Keep in mind, from the date of the accident you entered into a war between you and the insurance company for the other party. They are not your friend, and there are rarely there to help you. They are there to save the insurance company as much money as possible. They will do that by using every trick in the book including examining your start date for treatment as well as using any major gaps against you. Canceled appointments at the doctor’s office and gaps between treatment sessions can come back to haunt you when it comes time to settle your case.

If you need assistance with after your car accident or help with a personal injury case, call personal injury attorney Robert Mansour for a candid evaluation of your matter.

After an accident, tell your doctors of your injuries RIGHT AWAY!!! Don’t wait! The longer you wait, the more like it is the other party will doubt your claim for injury. It’s NOT the time to “tough it out” or “see how you feel in a few days.” Right now, I have a client with a torn rotator cuff who is being raked across the coals by the insurance company because he waited 2 weeks to mention the pain to anyone!

By the same token, if you are not injured, and you are certain that you are ok, then there is no need to involved a medical evaluation.  However, if you are indeed hurt after an automobile accident, this is not the time to be brave.  Your bravery can come back to haunt you.  Therefore, at the very least, go get examined by a doctor and make sure you don’t have any serious injuries.  I’ve had clients postpone their care only to find they actually had a serious injury.  Try convincing an insurance adjuster that you didn’t discover the injury until weeks later and that it is indeed related to the accident.  Your delay only serves to hurt you.

After a car accident, you are certainly free to use your own health insurance company to pay for your health care costs.  In many cases, by using your own health care provider, your case becomes more “credible.”  Sometimes, claims adjusters and juries frown on “attorney-referred” doctors.  They infer, usually incorrectly, that the attorney is running the show and sending their client to doctors.  However, in some cases, that is the only the option a client has if they don’t have their own insurance.  Also, some clients have to wait weeks or months before they can see a doctor due to their particular insurance plan.  By using a doctor who is attorney-referred, a client can usually get medical attention much faster.  When you see a doctor on a lien, the doctor is essentially deferring his/her payment until you recover money from the responsible party.   Once you settle your claim, the doctor’s office will expect payment. 

1) If your vehicle sustained damages, take plenty of photos of the damage to your car and the other car – if you can. Many cell phones have cameras, or if you don’t have any kind of camera, have a friend or family member buy a cheap camera from a nearby store and take as many photos of the scene and the vehicles as you can. If you call them from the scene, ask them to bring a digital camera with them.

2) If you have visible injuries (bruises, scrapes, cuts, etc), have a friend or family member take photos of those injuries ASAP! You can talk to people about your injuries all day, but showing them photos is an entirely different story!

3) Be civil at the scene of the accident. There is no need to fly off the handle. Things you say and do at the accident scene often come back to haunt you. Don’t apologize for the accident unless you are 100% sure you are at fault.

4) The insurance company for the other party will likely want to take your statement by phone or otherwise. You are under no obligation to do so. In my experience, there is very little (or nothing) to be gained from giving a statement. At least talk to a lawyer first. The insurance company representative will often act interested in your case, sympathetic, etc…but in my experience, they are usually trying to “box” you into a story so you can’t argue otherwise in the future.

For example, they will ask, “How do you feel?” Then you will say, “Well, considering all that happened, I feel OK.” Then a few days later when you can’t move due to sore muscles, or worse, you may decide to file a claim. They will say, “Well, we took your statement the day after the accident, and you said you feel “OK” so we don’t understand why you’re changing your story!”

5) Finally, if you were injured in the accident (or even if you’re not sure!), by all means seek medical help (at least an exam) as soon as possible. Most people try to “tough it out” or “see how they feel” before deciding to see a doctor. One of the biggest reasons personal injury claims fail, or get short-changed, is because the individual waited too long before seeking medical attention. How long is too long? In my experience, insurance companies will give you a very hard time and discount (or even deny) any injury claim if you wait longer than one week. Remember your actions speak louder than words.  If you don’t have health insurance, there are other ways to get medical treatment.

I’ve lived in Santa Clarita since 1997.  At that point, I had worked for a major insurance company for nearly 6 years.  My job was to be a defense lawyer, to protect those insured with the insurance company.  After doing that for many years, I started to see what mistakes plaintiffs were making in their personal injury cases.  Therefore, not that I represent plaintiffs injured in auto accidents and other injury cases, I provide you with this list of do’s and don’ts after a car accident.

1. Don’t wait too long before getting medical treatment (anything over one week is probably too long).

2. If you had a serious accident and the emergency personnel offer you an ambulance ride, take it!

3. Try to get the names of as many witnesses to the accident as you can.

4. Take pictures of ALL the vehicles involved in the accident from several different angles.  Your pictures have to tell a story and must illustrate the extent of the damage!  If you can’t take pictures, ask a friend or family member to do so.

5. Call the police if you think you might be injured.

6. Don’t admit fault at the accident scene if you’re not sure it was your fault.  Don’t even say "I’m sorry this happened" or something similar as it could be construed as an admission of guilt.

7. Don’t overstate your injuries.  Be honest and truthful!

8. If you go to the doctor for treatment, make sure you tell the doctor about ALL the areas of your body that hurt you.  This is not the time to be shy.  If it’s not in your medical records or chart notes, it basically doesn’t exist!  If you don’t have health insurance, there are other ways to get medical treatment.

9. Don’t let a lawyer promise you the moon.  A lawyer who doesn’t tell you about the potential downsides of your case is not a good lawyer. 

10. Make sure your actions are consistent with your words.  If your legs are hurt after an accident, don’t get caught running around town or doing aerobics at the gym.  It generally won’t help you in the credibility department.

11. If you have visible injuries, take tons of pictures.

If you don’t have any health insurance, you can still get medical treatment after a serious car accident.  Some doctors are willing to work on something called a “lien” which means the doctor is willing to provide you with treatment so long as you promise to pay the doctor at the end of your case.   Some adjusters and juries frown on this arrangement but in some cases, you may not have any better options.

Usually, your attorney will be involved because most doctors aren’t willing to make this arrangement unless you have a lawyer representing you. You will have to sign something called a “lien form” and your lawyer will also sign. Keep in mind, usually your doctor’s bills will be paid out of the settlement proceeds from the accident. However, it’s important to be mindful of your expenses nevertheless because you don’t want to dig a hole that’s too deep to get out of. For example, if you incur $10,000 in medical bills but the other party wasn’t insured or only had the minimum required insurance policy, then you may be in trouble.

Also, keep in mind that in most cases, the doctors expect to be paid regardless of the outcome of your case. Therefore, if you lose the case or choose not to pursue it further for one reason or another, your doctor can technically force you to pay. Some doctors routinely take their personal injury patients to small claims court to recover on bills.

Don’t be fooled that personal injury case only have an upside…that you can’t lose. A good lawyer should be able to guide you when it comes to these kinds of decisions. If you need an experience personal injury lawyer in the Santa Clarita, CA area, please call my office at (661) 414-7100 for a free consultation. In most cases, it’s better to act sooner than later.

If you don’t have any health insurance, you can still get medical treatment after a serious car accident.  Some doctors are willing to work on something called a “lien” which means the doctor is willing to provide you with treatment so long as you promise to pay the doctor at the end of your case.

Usually, your attorney will be involved because most doctors aren’t willing to make this arrangement unless you have a lawyer representing you.  You will have to sign something called a “lien form” and your lawyer will also sign.  Keep in mind, usually your doctor’s bills will be paid out of the settlement proceeds from the accident.  However, it’s important to be mindful of your expenses nevertheless because you don’t want to dig a hole that’s too deep to get out of.  For example, if you incur $10,000 in medical bills but the other party wasn’t insured or only had the minimum required insurance policy, then you may be in trouble. 

Also, keep in mind that in most cases, the doctors expect to be paid regardless of the outcome of your case.  Therefore, if you lose the case or choose not to pursue it further for one reason or another, your doctor can technically force you to pay.  Some doctors routinely take their personal injury patients to small claims court to recover on bills.

Don’t be fooled that personal injury case only have an upside…that you can’t lose.  A good lawyer should be able to guide you when it comes to these kinds of decisions.  If you need an experience personal injury lawyer in the Santa Clarita, CA area, please call my office for a free consultation.  In most cases, it’s better to act sooner than later.