What are medical special damages? These are damages in the amount that you have spent on medical bills while you were having your injuries diagnosed and treated. The problem is that most forms of physical therapy and treatments by chiropractors are not looked at as seriously as other treatments. This is because many doctors will not give a prescription for these forms of treatment, as they are mostly nontraditional. If you choose a treatment like that by which a chiropractor can perform, you should expect an insurance company to compensate you at a much lower rate.
Necessary Medical Expenses… Or Not?
It is fairly common to see chiropractic treatment as a care regimen after an accident occurs. If you have been injured in an accident and require such treatment, you may know that the defendant has to pay for mostly all of your reasonably necessary medical expenses. The plaintiff is in charge of submitting medical and therapeutic bills he or she incurred due to the injury. However, just because a plaintiff received chiropractic treatment, doesn’t mean that it was “necessary” treatment. A lot relies on what the chiropractor puts in records about treatment. For instance, it is important that they list the patient’s symptoms, treatment provided, and the cost incurred for each treatment. If there are vague and inconclusive records, this could lead to a denial of treatment because it will not be seen as “reasonably necessary.” The jury could also consider the fact that some of the treatment was necessary, but possibly not all of it. This is because, sometimes, chiropractic treatment can go on for months.
In some cases, a plaintiff will want to hire an expert to respond to claims of the chiropractic treatment being necessary. However, know that the defendant is also able to hire a different expert to testify to the contrary. Expert witnesses aren’t always something that a jury will take into consideration. If they are set on a decision, this is probably going to be the outcome. It will be up to the jury to determine just how much of the plaintiff’s chiropractic expenses were “reasonably necessary.” However, if the award doesn’t make sense in light of evidence that was provided, a judge may modify a jury’s award.
Insurers and Chiropractic Treatment
You may already know that many personal injury cases do not go before trial. This is because, in many cases, these things settle before a trial even has the chance to take place. If chiropractic treatment was involved in your case, the defendant’s insurance company will more than likely negotiate and pay the settlement or trial award if there is one. Plaintiffs usually have a lot of trouble having their entire chiropractic bill paid at trial and insurance companies are aware of this. Because of this knowledge, they may be very reluctant to pay those same bills in a pre-trial settlement. Furthermore, a chiropractor may believe at some point that a plaintiff has not yet made maximum potential recovery. If this is the case, they may not believe that settlement for the claim is ready yet. As a plaintiff, you and your attorney will need to work together in making a decision whether or not a settlement offer fits your needs at the time it is offered (Boeschen).
If you have been injured in an accident, the first step you make after receiving medical treatment should be speaking to an attorney. You can contact WTW today to speak with a trustworthy attorney that will work with you!