subject: Lawsuit Funding And Settlement Loans: Car Wrecks And Neck Injuries. [print this page] Many individuals who get involved in auto accidents want to obtain settlement loans. Furthermore, they wonder if their claims are of any value. Many individuals involved in auto accidents sustain injuries that result in neck pain. The question is, "What is the cause of that pain?"
It is unfortunate that many individuals mistakenly conclude that they won't need an attorney because the driver of the other vehicle struck the plaintiff's vehicle. There are plenty of cases when a vehicle struck from the rear is found to be at fault. I've seen cases in which a vehicle, while stopped at a red light, was struck head-on by another vehicle and the occupants of the vehicle stopped at the red light recovered zero dollars because the jury assigned liability to a "phantom driver."
Due to the onslaught of cases filed, insurance carriers often allege that the driver of the vehicle struck from the rear abruptly accelerated from a stop and equally-abruptly came to a halt (viz., "jack-rabbit start"). Naturally, this may trigger a fraud investigation and individuals who do engage in such behavior may be subject to criminal prosecution. Even if individuals obtain non-recourse either lawsuit funding or settlement loans in such instances, the funding must be repaid irrespective of the outcome of the case due to the fraudulent inducement that transpired when requesting the lawsuit loans.
Now, back to the intent of this particular article! If you are involved in an auto collision and sustain injuries to the neck, it will be very important for you to determine both the cause and extent of injuries sustained. Fortunately, in many instances, no substantial injury is sustained. However, in some instances individuals sustain life-threatening disabilities as a result of these auto accidents. Sadly, many individuals actually lose their lives as result of such auto collisions.
Oftentimes providers and their patients find themselves in a "catch-22." The insurance carrier will allege that the claimant could not have sustained a substantial neck injury if neither an MRI nor CT scan was obtained. However, if such imaging is obtained, the insurance carrier will allege that such imaging was totally unnecessary. Furthermore, if substantial findings are noted, the insurance carrier will allege that those findings were pre-existing. Hence, the need for competent legal counsel to help you as you navigate your way through these "waters of litigation."
I would encourage any individual who suffers neck pain as a result of a car wreck to seek medical attention as quickly as possible. Unfortunately, the longer it takes for the individual to seek medical attention, the more likely it is that the outcome will be degraded. Additionally, the insurance carrier will use the delay against the plaintiff, alleging that if injuries had been sustained, the plaintiff would have sought medical attention immediately thereafter. More importantly, it is important to realize that life-threatening injuries are often undetected by lay individuals. It is important to seek the attention of a qualified medical provider who is experienced in handling injuries resulting from car wrecks.
For those who delay, the payer will allege an absence of substantial injury. Furthermore, a delayed presentation to a healthcare provider allows the payer to assert that plaintiff is seeking attorney-directed care. Those who fund lawsuit loans realize that such instances substantially compromise the value of a claim and will result in either minimal or no litigation funding.
It is essential that both competent medical providers and competent legal counsel are retained as quickly as possible following car wrecks involving neck injuries. Without an attorney, neither lawsuit funding nor settlement loans are available. Without competent medical providers, cases are compromised due to poor documentation, etc.
Although well-meaning, family physicians are often poor choices for providing the requisite care following car wrecks. In fact, most are reticent to document the fact that their patients sustained injuries in a car wreck, due to the fact that most insurance policies exclude care and treatment of injuries arising from car wrecks.
Why? This is due to the fact that most insurance policies specifically exclude injury sustained as a result of an auto collision. Therefore, the general practitioner, in an effort to obtain reimbursement from your insurance carrier, will fail to mention the fact that you presented following an auto collision.
The omission of the this factor in the medical record makes it extremely easy for the insurance carrier to demonstrate before a jury that this individual who is now claiming that their insured caused injuries presented to a medical provider soon after the car wreck and made absolutely no mention of the fact that they were either involved in a car wreck or sustained any injuries as a result thereof. The medical provider who evaluated the patient at that time makes absolutely no mention of injuries arising from a car wreck. In fact, there is absolutely no mention of the car wreck in the records whatsoever
The opinions articulated regarding this conundrum are not merely snatched from abstraction. These observations are made following 20 years of claim reviews pertaining to thousands of patients. Certainly, most physicians are honest and diligent in such matters. However, my experience is such that such omissions are not a rare phenomenon.
Those who sustain neck injuries in car wrecks are urged to seek medical attention and legal counsel without delay. Chances of obtaining fair-and-equitable settlements, as well as lawsuit funding and settlement loans are substantially enhanced when this simple advice is followed.
