- Making all scheduled appointments;
- Using all recommended specialists, and not seeking alternative treatments;
- Taking all prescribed medications; and
- Following any recommended lifestyle and/or dietary guidelines.
20 Jun2016Most people are willing to follow their doctor’s orders to the letter if it means faster healing after an accident. Others, on the other hand, view their doctor’s orders as coddling, and push the limits on what they can and cannot do until they either do get better or injure something else. In a personal injury case, however, one does not have the luxury of picking and choosing when to follow the doctor’s orders. We understand that adhering to every single one of the doctor’s requirements may be frustrating, and even challenging at times, but if you are involved in a personal injury lawsuit, it is imperative to the outcome that you do exactly what your doctor says. At Hofmann Law Offices, PLLC, our Tucson personal injury lawyers guide our clients on the best course of action in their personal injury case, so that they win the compensation and care that they need and deserve. Why Follow Doctor’s Orders? According to PubMed.gov, 50% of patients treated for chronic illness fail to follow doctor’s orders, including dietary guidelines and prescription medication recommendations. It is estimated that the same number of patients – if not more – fail to adhere to the doctor’s guidelines when dealing with a personal injury, and not a life-altering disease. However, if you do not follow doctor’s orders in a personal injury case, you could risk having your claim highly scrutinized or, in the worst case, thrown out completely. If you are involved in a personal injury suit, you will quickly learn that the insurance company’s best defense is to catch you in a white lie. For starters, they are going to pick apart your entire medical record. Is there something on there that could be the cause of your current injuries? How long did it take you to seek medical attention for your claimed injuries? Did the doctor run more diagnostics on your current injuries than they did treatment? Have you attended all of your scheduled appointments for your claimed injuries? If the defense finds even one questionable aspect of your medical record, they will use it to destroy your entire claim. Once the defense is done scrutinizing your medical records, they are going to ask about your adherence to your doctor’s orders. When an individual does not follow the doctor’s orders precisely, this tells the opposing side that their injuries are not as severe as they let on, and that the compensation the individual seeks does not match up with the level of injury sustained. Adhering to the doctor’s orders includes:
16 Jun2016Individuals invest in insurance for peace of mind in the event of life-altering incidences that are out of their control. While insurance companies are supposed to help in times of great need and stress such as after an accident, burglary, or illness, they oftentimes make it difficult for their customers to file a successful insurance claim. As personal injury lawyers in Tucson, Arizona, we see many individuals whose lives were altered drastically as a result of a serious injury from an accident, yet their insurance companies denied those same individuals help. Why? What can those individuals do about their personal injuries? If you or a loved one were injured due to an automobile accident or other type of accident and if your insurance claim was denied, you are not out of options. Our Tucson personal injury attorneys at Hoffman Law Offices, PLLC work with individuals to receive the compensation and help they need to recover after a debilitating accident left them unable to work, live life comfortably, and enjoy doing the things they love to do. Why Your Personal Injury Claim May Have Been Denied There are several reasons your personal injury claim may have been denied by your Tucson insurance provider, but that does not mean you cannot still receive help. Common explanations for denial of personal injury claims include:
- Policy Exclusion: Insurance coverage is a tricky business, and many insurance plans have such a long list of exclusions and technicalities covered in the fine print that it is hard for the insured to know exactly what they are and are not paying for. If your claim was denied because of one of these exclusions or technicalities, you may have a case, as often the exclusions covered in the fine print are illegal.
- Expiration or Lack of Coverage: Many insurance companies will fail to tell their customers that their plan expired, so that when an individual goes to file a claim, it is denied. Unfortunately, while this is not a fair practice, it is legal, and if this happens to you, you are out of luck for any injuries accrued or any claims filed after the expiration date.
- An Incorrect or Incomplete Claim: Even the smallest of mistakes on your claim form can lead to denial, so if you were denied coverage, be sure to review the denial notice and make sure it did not have to do with a misspelling, wrong date, or empty form field.
- Limited or No Medical Records: If you do not have any medical records after the accident, or if the hospital in which you received treatment did not provide thorough and detailed information about your recovery, your insurance company may deny your claim on the pretense that you never received treatment at all.
- Delay in Medical Treatment: If you did not receive medical treatment immediately after the accident that supposedly caused the injury, the insurance company will deny your claim based off the assumption that the accident had nothing at all to do with your injuries.
- Preexisting Condition: If you suffered from back pain before an accident and then filed a claim claiming severe back pain after an accident, your insurance company will likely tell you that that back pain had nothing to do with the accident. The same goes for any preexisting condition that could be attributed to a prior health condition.
- Failure To Avoid Injury: Insurance providers deny claims if they feel that the customer could have somehow avoided the injury and/or accident altogether. They will also deny a claim if they feel an injured individual waited too long to receive treatment and somehow made the injury worse in that time.
14 Jun2016According to Arizona Department of Transportation’s Arizona Motor Vehicle Crash Facts 2014, Section 8, there were 3,127 motorcycle accidents in Arizona in 2014. Of those 3,127 crashes, 127 resulted in a death, 2,655 resulted in injury, and 526 resulted in property damage. Motorcycle accidents account for 2.85% of all motor vehicle accidents in the state of Arizona. Because of the size of the vehicle and the structural integrity (or lack thereof) of a motorcycle, motorcycle drivers are much more vulnerable to injury than other vehicle operators. This fact alone makes it extremely difficult for motorcyclists to get covered by insurance companies. Those that are covered by insurance, though, still find it difficult to file a successful insurance claim, as there are many more stipulations with their plans than with typical motor vehicle plans. If you drive a motorcycle in the state of Arizona, and if you have been in a motorcycle accident, you deserve the peace of mind that comes with the full auto-insurance coverage that other drivers receive. Furthermore, you deserve the right to work with an experienced Tucson personal injury attorney should you run into complications filing your insurance claim. When to Hire a Personal Injury Lawyer in the Event of a Motorcycle Accident In the state of Arizona, liability is determined based on the state’s comparative negligence laws. In the event of a motorcycle accident, you – the motorcyclist – would not be liable if one of the following occurred:
- Another driver hit you and/or caused the accident because they did not see you;
- Road hazards; and/or
- Defective motorcycle conditions.
07 Jun2016Car accidents can cause serious injuries, which sometimes are not discovered until later. For this reason, it is incredibly important to take the right steps following your personal injury or accident. In 2014 alone, the Arizona Department of Transportation reports that 31% of auto accidents that year involved injuries. When injured in a car accident, there are three important steps that should be taken to ensure the best outcome for your health and your claim.
Step #1: Seek Medical AttentionYour injuries may be worse than you realize. The shock of an auto accident may delay pain in injuries, so if you think you might have been injured, it is best to see a doctor immediately. Possible injuries to the head, neck, and back should be especially prioritized, as these are common issues following a car accident. Some common delayed symptoms, according to DMV.org, are as follows:
- Numbness, and
- General pain.
Step #2: Document and Report the AccidentCar accidents should be reported immediately to police. Obtain a copy of the accident report for your records and for use in in your claim. Take names and contact information of witnesses, as well as photos of personal injury and property damage as evidence. Do not forget to exchange insurance and contact information with any involved properties. Report the accident to your car insurance provider as soon as possible. This way, the settlement process begins, and any settlements are taken care of in a timely fashion. Review your insurance plan so your coverage options are fresh in your mind.
Step #3: Call Your Tucson Car Accident AttorneyHaving a professional review and guide you in a car accident claim, especially with personal injury, is the best thing you can do your claim and your own well-being. An experienced car accident attorney makes sure you receive the compensation and settlement owed to you following your injuries. Having an attorney at your side from start to finish makes the entire process easier to navigate, and provides you with peace of mind while you are recovering from or managing your injuries.
Car Accident Attorney in Tucson, AZHofmann Law Offices PLLC has been helping personal injury and car accident victims receive the settlements they deserve for over 20 years. We are also the only law firm to offer Seven Guarantees and a Bill of Rights to our clients in the Southern Arizona area. Our attorneys fight for the best possible outcome for each and every client, and take pride in our commitment to providing excellent service. If you have been injured in a car accident, or are seeking representation for a personal injury, call Hofmann Law Offices PLLC at 520-797-1041 or visit our website and fill out our contact form for your free consultation.
17 May2016When forming a personal injury case, medical records that detail injuries sustained and treatments are of the utmost importance. Anything that can aid in the establishing the origin of the injuries will benefit a personal injury case. To this effect, it is important for individuals pursuing a personal injury case to strictly follow his or her doctor’s orders.
TreatmentDirectly following an accident, if an individual has sustained injuries it is important to seek treatment right away. This is not only important for health and well-being concerns, but also provides a strong backing for a possible personal injury case. Judges will take into account if an individual sought treatment directly after an accident, or if he or she only went on the advice of an attorney. If the individual did not seek treatment immediately, it may make linking the injury to the accident that caused it more difficult. This also provides the defense with the option to argue the injury was part of a pre-existing condition, and was not sustained during the accident.
Follow-upInitial treatment is just part of a comprehensive treatment of personal injuries. Many symptoms do not show up until a few days or more after an accident has occurred, and many immediate injuries require sustained treatment. In this regard, it is important to properly document not just initial treatment received immediately after a car accident, but to also keep detailed records of any and all ongoing treatments. It is important for an individual pursuing a personal injury case to follow their doctor’s orders, as this lends credibility to the individual’s case. If an individual is not following their doctor’s orders and keeping up with treatment, this may lead to the conclusion that he or she had been lying about whether or not he or she was actually injured.
DocumentationDetailed medical records are a key factor in any personal injury case. It is important for any and all medical documents to clearly detail the date, the patient’s statements, and any clearly visible injuries the doctor may notice. An individual should always be upfront with their doctor, and should ask for the medical records to be detailed, including all these pieces of information.
MiscommunicationWhen collecting detailed records for a personal injury case, avoiding any possible miscommunications can benefit an individual’s efforts greatly. A personal injury lawyer can act as an important representative for the client. When provided with permission from the client, and with the correct contacts, a personal injury lawyer may discuss records and treatment with the doctor, ensuring that he or she:
- Records all relevant information, and
- Has not lost information in translation.