by Dr. Tom Rhudy
Frequently, individuals injured in car wrecks are interested in obtaining either lawsuit funding or settlement loans to assist them with litigation costs. These individuals are curious to know whether their claims are worth pursuing and whether their injuries are either permanent or likely to be short-lived.
Unfortunately, many individuals who are involved in auto accidents conclude that merely because another vehicle struck them that the other driver will be found liable for injuries sustained. However, this is often not the case. Even in those cases in which a driver’s vehicle was struck from the rear pose some challenges when it comes time to make any determination as to where liability should be correctly assigned.
Due to the onslaught of cases filed, insurance carriers often allege that the driver of the vehicle struck from the rear abruptly accelerated from a stop and equally-abruptly came to a halt (viz., “jack-rabbit start”). Naturally, this may trigger a fraud investigation and individuals who do engage in such behavior may be subject to criminal prosecution. Even if individuals obtain non-recourse either lawsuit funding or settlement loans in such instances, the funding must be repaid irrespective of the outcome of the case due to the fraudulent inducement that transpired when requesting the lawsuit loans.
Now, back to the intent of this particular article! If you are involved in an auto collision and sustain injuries to the neck, it will be very important for you to determine both the cause and extent of injuries sustained. Fortunately, in many instances, no substantial injury is sustained. However, in some instances individuals sustain life-threatening disabilities as a result of these auto accidents. Sadly, many individuals actually lose their lives as result of such auto collisions.
When making a determination as to the extent and severity of injuries, both providers and their patients are caught in the cross-fire of the desire to proceed with best-practices and the desire to focus efforts on cost-containment. Unfortunately, such actions are often in conflict with one another. If the provider makes a determination that enhanced imaging (e.g., MRI or CT) will be required to properly assess the patient, the insurance carrier is going to allege one of several things. The most frequent allegation from the insurance carrier is that such imaging was not medically necessary. If the imaging is obtained and significant findings are noted, the insurance carrier will allege that these findings were pre-existing. If no enhanced imaging is obtained, the insurance carrier will assert that there were no substantial injuries as a result of the car wreck. This is just one of the many reasons that legal counsel is absolutely essential in prosecuting claims against insurance carriers.
First and foremost, if you sustain injuries to your neck as a result of an auto collision, I would encourage you to seek medical attention as quickly as possible. The longer the delay between the date on which the auto collision occurs and the date on which you seek medical attention, the more forcefully the insurance carrier will allege that no actual injuries were sustained. (Not to mention the fact that the longer the delay, the greater the likelihood of a protracted course of recovery. Additionally, some life-threatening conditions may be identified that would have been missed without the assistance of a qualified healthcare provider’s assessment.)
The insurance carrier’s argument will be that if serious injuries were sustained these individuals would’ve gone to a medical provider much more quickly. Furthermore, insurance carriers will often allege that individuals who seek medical attention after a protracted period of time following an auto collision do so as a result of an attorney directing them to seek such care merely for financial gain.
In addition to seeking competent legal counsel, something which is absolutely essential for those wishing to obtain settlement loans, it will be very important for them to find healthcare providers who are knowledgeable in the assessment of injuries arising from auto collisions.
Unfortunately, general practitioners are customarily not the most helpful in assessing such injuries. As I stated in previous articles, family physicians are much less likely to document the fact that you’ve actually sustained injuries as a result of an auto collision.
One of the primary reasons this occurs is the fact that family physicians are aware that major medical insurance policies do not cover injuries sustained in car wrecks. Therefore, it is not in their best interest to identify injuries arising from an incident for which the patient has no insurance coverage. Additionally, many of the patients will work to discourage their physicians from correctly categorizing the incident at the time to avoid having to pay out-of-pocket for a particular office visit. However, this often spells disaster for those who attempt to resolve claims against insurance carriers and subsequently attempt to gain either lawsuit funding or settlement loans.
The omission of the this factor in the medical record makes it extremely easy for the insurance carrier to demonstrate before a jury that this individual who is now claiming that their insured caused injuries presented to a medical provider soon after the car wreck and made absolutely no mention of the fact that they were either involved in a car wreck or sustained any injuries as a result thereof. The medical provider who evaluated the patient at that time makes absolutely no mention of injuries arising from a car wreck. In fact, there is absolutely no mention of the car wreck in the records whatsoever
The foregoing is not intended to cast aspersions upon family physicians. It is true that most family physicians are honest individuals who deal with a great deal of integrity on a day-to-day basis. However, having reviewed thousands of cases over the years, from essentially all over the United States, such omissions are so patent as to make this assertion undeniable from my perspective.
Yes, those individuals who seek to obtain settlement loans following auto collisions due to the fact that they sustained injuries that resulted in neck pain are encouraged to seek competent legal counsel and competent medical attention as quickly as possible. There are many factors at stake, about which the vast majority of individuals involved in these auto accidents are totally clueless. You enhance your chances for a favorable settlement by following up with a medical provider as quickly as possible, a medical provider who is capable of assessing both the nature and extent of injuries sustained.