Chiropractic care can and should be included in your medical expenses in a personal injury case.
Considering individuals sometimes have trouble getting their insurance to cover chiropractic care, there arises a question in some people’s minds as to whether chiropractic care will be respected as a “real” medical expense in the course of a personal injury case stemming from a car accident.
Chiropractic care can and should be included in the damages sought in a personal injury case. In fact, chiropractic care is considered by many experts one of the best treatments for soft tissue injuries such as whiplash. Chiropractic treatment can decrease the pain associated with whiplash, reduce muscle spasms, and help restore freedom of movement following an accident. The earlier the treatment is begun the better, and in many cases victims require treatment for up to 6 months after the accident.
Addressing Challenges to Chiropractic Care
Since the defense is looking for all possible ways to reduce their liability for your injuries, they may question not only the validity of your chiropractic care, but also the very existence of the injuries that led to your need for that care. To combat these arguments your attorney will:
Secure Testimony from a Medical Expert: While injuries to the discs in the spine are easy to demonstrate in court because they show up on x-rays, whiplash and other soft tissue injuries often addressed by chiropractic care are more difficult to prove. Because the jury cannot see an image documenting the internal soft tissue injury, the next best thing is to provide testimony from a medical expert who can explain the nature and severity of the injury and the benefits provided by chiropractic care. The medical expert’s testimony may also be instrumental in proving that the injury did indeed stem from the accident and was not related to any preexisting condition.
Advise You to Continue Treatment: Juries often find it suspicious when injured individuals do not complete their full course of treatment as advised by their physician. For example, if a plaintiff fails to complete their physical therapy or stops chiropractic care after just a few visits, the jurors might suspect that this must indicate that the care was not really needed. It is extremely important to follow your attorney’s advice in sticking with your chiropractic care until the chiropractor would testify that you have achieved the maximum benefit. This helps show that you are in fact injured and that you are dedicated to your recovery, which in turn helps to dispel any suggestion that you might be seeking a payday through a frivolous or exaggerated personal injury case.
Need Advice About a Whiplash Injury?
If you have suffered a whiplash injury in the course of a car accident and are interested in the possibility of seeking compensation from the liable driver or drivers, please contact the Law Offices of Fernando D. Vargas. We will be happy to set up a free consultation with Attorney Vargas to go over the basics of your case.
