The Importance of Ongoing Medical Care After an Injury
1. Medical Records Are the Foundation of Your Case
Insurance companies do not take your word for how badly you’re hurt, and they won’t take our word either — they rely on your medical records. These documents provide a detailed timeline of your injuries, your complaints, your diagnoses, and the care you’ve received. Adjusters and defense attorneys will comb through these records looking for evidence of:
- The severity and duration of your symptoms
- How your injuries affect your daily activities
- What kind of care you’ve required, and whether it was effective
- Whether your symptoms are improving, worsening, or staying the same
If you have gaps in treatment, missed appointments, or stop going to the doctor altogether, the insurance company may argue that you were no longer hurt—or that your injuries weren’t serious in the first place. These arguments directly impact how much compensation you receive.
Saying “the doctor can’t do anything for me, but I’m still in pain” is never the right answer. If you're still hurting, advocate for yourself — return to your doctor, seek a second opinion, or ask for a referral to a specialist. There are countless treatment options available, including medication management, physical therapy, occupational therapy, concussion therapy, speech therapy, Airrosti, pain management injections, nerve blocks, rhizotomies, Botox for migraines, and, if necessary, surgery. Don’t settle for ongoing pain — your recovery and your case both depend on proactive medical care.
2. Where to Start Treatment
If you’ve just been in an accident, it’s important to seek medical care immediately. Visit the emergency room or an urgent care clinic for prompt evaluation and treatment. You can also follow up with your primary care physician, or go directly to a specialist such as an orthopedic surgeon, spine specialist, or neurologist, depending on the body part injured.
Be aware that some doctors and medical groups refuse to treat patients involved in auto accidents. While this is frustrating, many providers are knowledgeable about personal injury law, and will gladly treat you through your health insurance, regardless of whether your injuries are accident-related.
Many people assume that chiropractic care is the best treatment option after a car accident. While chiropractors can offer short-term relief for mild symptoms, it's important to understand their limitations—especially in the context of a personal injury claim. Insurance carriers typically only recognize chiropractic treatment as appropriate for a standard 3–4 week course of care.
If your chiropractor suggests a six-month, or annual treatment plan, RUN! Additionally, because chiropractors are not medical doctors, their opinions generally carry less weight in legal proceedings. To protect both your health and your case, it's wise to seek care from licensed medical doctors (MD) who can provide a broader range of diagnostic and treatment options.
3. Gaps in Treatment Damage Your Credibility
Let’s say you go to the ER right after your accident, but then wait six weeks before following up with a doctor. That delay will almost certainly be raised during negotiations or in court. It creates an opportunity for the defense to argue:
- You were feeling fine, so you didn’t think further treatment was necessary
- Any symptoms you experienced later were caused by something unrelated
- You were not genuinely injured, or were exaggerating your pain
This perception hurts your credibility, which is a critical factor in any injury case. Remember: limited or inconsistent treatment often leads to limited settlements.
4. At-Home Treatment and Undocumented Pain Don’t Count
Many clients attempt to “tough it out” at home—using over-the-counter medications, ice packs, rest, or even exercises found online. While this may seem practical, if your treatment isn’t documented by a licensed medical provider, it doesn’t exist in the eyes of the insurance company.
Likewise, simply telling your lawyer or the insurance company that you’ve been in pain is not enough. Pain must be documented by a healthcare professional who can assess and record:
- Pain levels over time
- Physical limitations
- Diagnostic testing results (e.g., X-rays, MRIs)
- Responses to treatment (e.g., physical therapy, injections)
5. Following Medical Advice Shows You’re Taking Recovery Seriously
It’s critical that you follow through with any physician recommendations in a timely and consistent manner. Failing to do so may be seen as medical noncompliance, which can seriously undermine your case. The defense can argue that if you were really injured, you would’ve done everything possible to get better.
We’re not suggesting you exaggerate symptoms or undergo unnecessary procedures—only that you consistently follow medical advice and seek appropriate care.
6. Your Health Comes First
Beyond the legal and financial implications, the most important reason to seek ongoing care is your well-being. Soft tissue injuries, nerve damage, concussions, and other conditions may not fully reveal themselves until days or weeks after an accident. Delaying treatment can lead to complications, chronic pain, or long-term impairment.
Early and continuous care ensures that:
- Minor injuries don’t turn into major problems
- You have a full understanding of your diagnosis and prognosis
- Treatment is tailored to your specific symptoms
- Recovery happens as quickly and safely as possible
Ignoring symptoms or delaying care can put your health at unnecessary risk.
7. Use Your Available Insurance Resources
It’s also vital to use any available health insurance, workers’ compensation coverage, or other benefits to pay for your treatment. Some clients hesitate because they don’t believe their insurance should have to pay for an injury caused by someone else’s negligence. This erroneous thought could cost you your claim.
Not using your available coverage can cause the defense to accuse you of failing to mitigate your damages—in other words, that you allowed your medical bills to increase when you could’ve reduced them. This can lower your settlement or even jeopardize parts of your recovery. By using the resources available to you, you also demonstrate responsibility and good faith in your recovery efforts.
Lastly, auto insurance companies, homeowner insurance companies, and premises liability insurance companies DO NOT UPFRONT MONEY for you to seek treatment. It is a reimbursement process.
8. Consistent Treatment Supports Maximum Compensation
Our settlements and verdicts are a telling story of client's who listen to our legal advice. Your goal—and ours—is to obtain the maximum compensation available for your injuries. But this is only possible when the evidence supports the claim. Ongoing, well-documented medical care helps prove:
- The full scope of your injuries
- The pain and suffering you’ve endured
- The time you’ve lost from work
- The costs you’ve incurred, both present and future
Without this documentation, your case is on shaky ground, no matter how legitimate your injuries may be.
CONTACT US
If you have an injury claim and are not sure where to begin, we would be honored to discuss this in detail with you to make sure you are moving in the right direction to not only heal your health, but to properly document your treatment care. To schedule a consultation, send us a message online or call (817) 429-4299 at your earliest convenience.
