After a workplace accident, you can file for an insurance claim in San Diego. However, a “treatment gap” can substantially negatively impact your personal injury claim, as it raises questions about the severity of the case and the cause of your injuries. Insurance companies can encash this delay by stating that the injuries are mild or unrelated to the accident. Their argument can significantly reduce potential compensation. Thus, to tackle the situation, you need to seek help from a personal injury lawyer right after the car accident, which would help avoid unnecessary delays and explain the unavoidable treatment gaps. Now, let’s learn more about a treatment gap and how to minimize its impact.
- What is a Treatment Gap?
The delay in seeking medical attention right after any accident, be it a car, truck, or workplace injury, is termed a treatment gap. Also, if there is any interruption in the recommended or ongoing treatments, then it falls under these criteria. A gap can occur due to various reasons, such as:
- If the medical costs are too high for you to bear, it might prevent you from accessing immediate care.
- Certain injuries might not show any medical symptoms immediately, such as internal injuries, which delay treatment.
- You might claim to be “fine” after an accident but realize later that you have more severe injuries, and now there is a treatment delay.
Irrespective of the various reasons, a treatment gap is complicated to explain and has a massive implication of complications in injury claims. The insurance companies question the legitimacy of a claim when there is a treatment delay, and only a personal injury attorney can assist you in negotiating the case.
- Why Do Treatment Gaps Impact Personal Injury Claims?
When there is a treatment gap, the insurance companies might argue that the injury wasn’t serious enough, weakening the claim. They might even claim that the injury was caused by something unrelated to the accident and try to prove that your demand is false. A gap can also be used as an indication that the severity of the injury is caused due to the negligence of the victim. All these factors can lower your compensation and give the insurers leverage even to deny the compensation altogether.
- How to Deal with the Effects of a Treatment Gap?
An experienced personal injury attorney can help you navigate a treatment gap scenario. They would help you to take specific steps that would reinforce the claim, such as:
- You have to gather all the documents that prove the reasons for the treatment gap, which might have occurred due to financial or work obligations or unavailability of medical specialists. You have to maintain every record that would explain the delay.
- You must follow every recommended follow-up and follow the medical advice closely. Keep the document that you have received so that the initial delay might not be able to weaken the case.
Summing it Up
Consulting a knowledgeable attorney can help you understand how to address a treatment gap, and they can also assist you in navigating the complexities. They can also improve your chances of getting fair compensation through expert testimony and establishing injury causation.
