Whiplash strokes, for example, are recognized by insurance companies only if a change in the structure of the cervical spine results from the reports of X-ray, CT, or MRI. This by virtue of a much-discussed rule, introduced in 2012 and of controversial application.
The Therapies and More
The therapies are also very important, because they demonstrate both the existence of a state of malaise caused by the accident, and the diligence of the injured person in trying to recover his state of well-being. It is important, however, that these are not improvised, but are planned and prescribed by a specialist (orthopedist or physiatrist). Keep in mind that if you are not responsible for causing the accident, the medical expenses for regularly prescribed visits, treatments and examinations will be fully reimbursed.
Partial medical examiner evaluation
Once fully recovered (for whiplash strokes the most qualified medical doctrine maintains that at least three months must pass), it is advisable to rely on a medical legal specialist who translates the physical damage reported into terms of permanent disability and temporary disability . In practice, the medical specialist in forensic medicine will examine all the medical documentation, visit the injured person, and write an opinion.in which he will indicate a score and a number of days of disability, which would be the days in which the injured party was not able to carry out his daily duties at 100%.
- This assessment is fundamental, because it is only through a forensic assessment that the compensation amount can then be drawn. Since medicine is not an exact science, not having a biased medical evaluation in negotiating with the insurance company means you have no bargaining power, and your compensation will be determined on the basis of an assessment by an insurance company doctor. The Overland Park Accident Lawyer will be by your side there.
Evaluation of the offer
Once you are healed and you are in possession of all medical certification, including a forensic evaluation part, the lawyer in charge of assisting the injured will give impetus to the practice and ask the insurance company to appoint a fiduciary doctor. At this point, the legal doctor visit will take place at the office of the trustee, who will draw up a report containing the quantification of the points of permanent disability and the days of temporary disability, as well as a judgment of the adequacy of the medical expenses, which he will have analyzed on the basis of the invoices presented.
The liquidator then enters the scene, who is the employee (or officer in the case of major liquidations) of the insurance company, who by trade must quantify the compensation, with the express purpose of not paying as little as possible, evaluating the risk of a lawsuit.
The negotiation then takes place between the injured party’s lawyer and the liquidator, which can lead to two outcomes: the agreement on the amount, which is then submitted to the injured party to accept it and which will include the cost of the lawyer in addition to medical expenses or the lack of agreement, which usually involves the sending of a sum deemed appropriate by the liquidator, which may be withheld as an advance by the injured party, who will have to initiate a judicial action to ask the Judge to recognize the greater damage suffered, if this is the decision he will make together with the lawyer.
