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Naples Personal Injury Attorney > Blog > Personal Injury Lawyer > How Not Keeping Medical Appointments Can Affect Your Florida Personal Injury Case

How Not Keeping Medical Appointments Can Affect Your Florida Personal Injury Case

DrEval3

Being injured in an accident can add a lot of stressful concerns. For example, an injury can result in you incurring substantial medical expenses. If you have medical bills to pay and cannot go to work because of your injury, you might face financial difficulties. Because of this, it is only right that you recover compensation from an at-fault party whose negligence caused you to suffer an injury in an accident. Fortunately, in Florida, you can file a personal injury claim against an at-fault party whose negligent act causes you to suffer an injury and recover compensation.

With that said, you should note that there are several things you need to do to ensure you recover the compensation you deserve for your personal injury. For example, to ensure you recover fair compensation, it is crucial that you avoid missing your doctor’s appointments and follow through with your medical treatments. It is not wise to skip your medical appointments in an attempt to save money or for other invalid reasons. Not keeping medical appointments can adversely affect your personal injury case. Missing your medical appointments can result in you receiving less than you deserve or no payment at all.

It is your legal right to obtain compensation from an at-fault party who caused you to suffer injuries in a Florida accident. However, you need to remember that a personal injury claim is a legal process. This means that the defense side cannot pay you until it has conducted an investigation. The insurance company’s main job is to investigate if you are right and the amount to pay you. Additionally, because a personal injury claim is a legal process, the defense side is allowed to raise defenses. Skipping your medical appointments can provide the at-fault party’s insurance company with something to use to defend their insured.

Missing Your Medical Appointments Affects Your Credibility

As already mentioned, if you miss your doctor’s appointments, you provide the at-fault party’s insurance company with something to use against you. If you miss several of your doctor’s appointments, the at-fault party’s insurance company may make the defense that you are not as seriously injured as you claim. Unfortunately, such a defense can result in you receiving less compensation than you deserve or not receiving anything at all.

Insurance companies are always searching for excuses to minimize payments for claims or get out of paying claims altogether. So, it is crucial that the at-fault party’s insurance company knows that your injury is as severe as you claim it to be. Missing your medical appointments can make the insurance company doubt you.

Keeping your doctor’s medical appointments can provide you with the evidence you need to win your personal injury case. The medical records from each meeting with your doctor can show proof of, among other things, the following;

  • The severity of your injuries
  • The extent of your pain and suffering
  • How long your injuries will impact your life
  • An impairment that restricts your ability to work
  • The cost of your medical care

What if I Cannot Make It to a Doctor’s Appointment?

If you cannot make it to a doctor’s appointment for a valid reason, it is crucial that you tell your doctor to note down your reason for missing the appointment. Additionally, if you miss an appointment, ensure that your doctor reschedules right away.

Ignoring Medical Advice Can Also Affect Your Personal Injury Claim

It is also vital that you avoid ignoring your doctor’s medical advice. If you do not follow your doctor’s medical advice, the defense will argue that your injury is not as severe as you claim it to be. The failure to follow your doctor’s medical advice may suggest to the defense side that you are not injured or that you are faking or exaggerating your injury.

Additionally, sometimes a plaintiff may have a duty to mitigate damages. When you have a duty to mitigate damages, it means that you cannot recover compensation for damages that you could have avoided with reasonable expenditures or efforts, even if the defendant negligently caused your injuries. Ignoring medical advice can be considered to comprise a failure to mitigate damages. Usually, the failure to mitigate damages creates credibility problems for anyone pursuing a personal injury claim.

Contact a Fort Myers Personal Injury Attorney

If you want to have any chance of getting the maximum amount of compensation possible for your personal injury, we recommend you keep your doctor’s appointments, follow your doctor’s medical advice and work with a qualified personal injury attorney. To get help with your Florida personal injury case, contact a skilled Fort Myers personal injury attorney at The Law Offices of Marc L. Shapiro at 239-329-8577 today.

Resource:

law.cornell.edu/wex/pain_and_suffering

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