Compensation for Injury

If someone else caused you injury legally speaking you are entitled to two types of damages: "general damages" which is pain and suffering and "special damages" which includes but is not limited to reasonable medical expense past and future and wage loss past and future.

Your primary goal is to obtain effective medical attention to restore you as much as possible and as promptly as possible to your pre-accident status.

As respects compensation your goal may be opposite that of the insurance company.  You want full compensation and you want it promptly.

Insurance companies often raise one or more of the following arguments after a motor vehicle collision to justify denial of a claim or offering less than the full value:

Prior Injury or Condition

Injury Inconsistent with Facts of the Accident 

Soft Tissue Injury with "only" Chiropractic Treatment  

Irregularity in the Medical Record:

-Inconsistent Complaints and Treatment

-Improper Coding

-Charges or Treatment 

-Medical Bills Already Paid by Collateral Source.

Most arguments raised by the insurance company can be successfully countered, based on common sense or law.

Legally speaking the at-fault party for example has to take the victim as he finds him - if the victim is unusually susceptible to an injury the injury is still the responsibility of the at-fault party.

The fact the medical expense was paid by a collateral source is not relevant and in many jurisdictions cannot be made known to the jury at trial.

One of your best strategies to obtain full, prompt compensation is to know ahead of time how the insurance companies evaluate claims and what defenses they often use.

This web site can give you some hints.  There is no better strategy that to have a competent attorney assist you in obtaining effective medical treatment that also conforms to what is most like to cause the insurance company to make you a good offer of settlement.