by Gary N. Lewkovich
1. Obtaining insufficient information from the scene of the MVA
When possible, get as much information from the other party or parties involved in the accident. Having a well-designed form to capture the critical information is extremely helpful. Keeping this form in your vehicle at all times makes a lot of sense. Be sure to get the names and phone numbers of any witnesses. Take photos of the damage from several angles and get a photo of the other driver(s) license and proof of insurance.
2. Admitting liability for the accident
Remember that no one is obligated to admit any wrongdoing, so don’t do it. An admission of liability at the accident scene can be used against you and can severely complicate the case. It should come as no surprise that all auto insurance companies are in business to make money. Even your own auto insurance has its own best interests at heart. Your interests are secondary.
3.Giving the auto insurance company too much information or any at all
Statements, especially when recorded, can be twisted and excerpted in such a way as to hurt your case. This is especially true of you are speaking with an adjuster from the insurance company of someone who hit you. As a matter of fact, if you get an attorney you don’t have to talk to them at all, your attorney does. Request that all questions be provided in writing. Keep your answers short, focused, and don’t downplay any symptoms. Defer questions about your medical condition to your treating chiropractor. If in doubt about a question, consult with a person well-versed in the area before answering.
4. Trying to conceal past injuries or conditions
Many patients believe that the existence of past injuries or conditions hurts their PI case. In reality, preexisting problems often increase the likelihood of greater damage from a MVA. The evidence shows that more extensive and longer care is typically required when certain problems are already present. If one tries to hide the past, the odds are high that the medical records will reveal the truth. When that happens, ones nondisclosure often comes across as deceitful behavior.
5. Not seeking care early in the recovery
Too many people, especially members of the defense, a delay in seeking care equates to a less significant injury. If there is a delay in obtaining care, it is imperative to carefully document all the reasons for the delay. The patient should document any gap in treatment.
6. Relying upon meds alone to treat the injuries
For the most part, medications (prescribed or OTC), treat symptoms and do little for the root cause of the symptoms. Research shows that for most motor vehicle injuries, treatment with just symptom suppressive medication offers a much poorer prognosis than methods that actually restore function.
7. Not obtaining care early in the recovery
The research is quite clear that a combination of reasoned chiropractic care and proper rehab is the best treatment for most whiplash associated disorders. Also, the sooner such care is initiated, the better the prognosis. Chiropractic care that is initiated more than 6-8 weeks after the date of injury generally results in a poorer overall recovery.
8. Not doing exercise rehab and posture correction
Whiplash injuries are notorious for causing ligamentous laxity that can become permanent without therapeutic exercise and postural correction. Stabilizing the joint injuries is critical to an optimal recovery and this is best accomplished with the regular use of such rehab procedures.
9. Discontinuing chiropractic care prematurely
Failure to obtain maximum stabilization of the injured joint complexes invites short and long-term complications. If the full course of treatment is not obtained, the full potential of this type of care cannot occur. Patients must be made aware of this fact.
10. Downplaying one’s injuries
For some reason, there are those who feel uncomfortable and/or hesitant to disclose the full nature of their injuries. They downplay existing symptoms and may fail to report other symptoms entirely. Auto insurance companies save tons of money when this occurs and the patient suffers unnecessarily. The treating doctor should be aware of this possibility and recurrently ask patients about any other symptoms that may be present.
11. Exaggerating one’s injuries
This is the flip-side of the above mistake. There is a small percentage of patients who amplify their symptoms. If symptom amplification is suspected by the defense, the case can take a nosedive quite rapidly. Credibility issues poison any PI case. The settlement offer may plumet to zero and the patient may be stuck with significant medical expenses to pay on his/her own. For good reason, plaintiff attorneys and doctors run from these cases.
12. Doctor shopping
Changing doctors frequently in a PI case makes it appear that the patient is abnormal. In fact, such behavior is a red flag to the defense. It is important that the patient do his/hers due diligence prior to choosing a doctor. You can usually get good recommendations from your Doctor of Chiropractic or your attorney, if represented.
13. Failing to get a consultation with a legal professional
Auto insurance companies rely upon the advice of their legal teams when deciding how to handle accident cases. Most injured patients lack the training, experience, and patience to effectively deal with the dark side. That is why is often helpful, and sometimes vital, to get a consultation with an experienced personal injury attorney. These consultations are usually free of charge or obligation.
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