As we have spoken about in prior posts, there are three main elements of an injury case: liability, causation and damages. This question of course deals with the third element: damages. In an injury case in Florida, damages are generally comprised of medical bills, lost wages (and loss of earning capacity), and non-economic damages like pain and suffering. If someone has an injury but does not treat for it or does not follow through with the treatment as suggested by the doctor, then this very likely will impact the value of the case. So what is difficult is that if two people who are in the same accident and have the same injury, if one person treats more than the other person, this very well may impact a difference in the values of these two cases. Conversely, if an insurance company (in valuing the case pre-suit) or a jury were to believe that someone was over-treating, this also could impact a case and could cause a jury to reject medical treatment (and the corresponding bills) as being related and cause other negative impacts. For medical bills to be accepted by a jury, the jury must believe the bills are reasonable and necessary (and related to the accident) and if someone is considered a malingerer or is believed to just be over-treating, then this is not good either. In general, it is up to the physicians to recommend what treatment is needed, but of course this is a decision a doctor makes with input from the patient and the complaints given. There is not an easy answer to how much treatment is needed from a legal perspective but of course it is possible to get a second opinion. However, it is important to note that if you are not listening to the advise of your physician in terms of treatment for an injury case, then such decision could impact the value of your case.
If you have been in any type of accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. Drucker Law Offices only charges its clients fees and costs if it recovers money for them. Attorney Gary Drucker offers a free consultation in any of the offices referenced above or at your home or in the hospital. Please call the law firm to set an appointment today!
Of course, every case is different and unique and has to be judged based on the specific facts. The advice in this personal injury blog is intended to be general in nature and should not to be construed as specific advice for your case, as a slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
