| Frequently, individuals injured in car wrecks are | | | | competent legal counsel. The longer you delay in |
| interested in obtaining either lawsuit funding or | | | | accomplishing the foregoing, the more you |
| settlement loans to assist them with litigation | | | | compromise the likelihood of a fair settlement of |
| costs. These individuals are curious to know | | | | your claim. Furthermore, neither lawsuit funding |
| whether their claims are worth pursuing and | | | | nor settlement loans are likely to be advanced to |
| whether their injuries are either permanent or | | | | those who delay the foregoing. |
| likely to be short-lived. | | | | For those who delay, the payer will allege an |
| It is unfortunate that many individuals mistakenly | | | | absence of substantial injury. Furthermore, a |
| conclude that they won't need an attorney | | | | delayed presentation to a healthcare provider |
| because the driver of the other vehicle struck the | | | | allows the payer to assert that plaintiff is seeking |
| plaintiff's vehicle. There are plenty of cases when | | | | attorney-directed care. Those who fund lawsuit |
| a vehicle struck from the rear is found to be at | | | | loans realize that such instances substantially |
| fault. I've seen cases in which a vehicle, while | | | | compromise the value of a claim and will result in |
| stopped at a red light, was struck head-on by | | | | either minimal or no litigation funding. |
| another vehicle and the occupants of the vehicle | | | | It is essential that both competent medical |
| stopped at the red light recovered zero dollars | | | | providers and competent legal counsel are |
| because the jury assigned liability to a "phantom | | | | retained as quickly as possible following car |
| driver." | | | | wrecks involving neck injuries. Without an |
| Due to the onslaught of cases filed, insurance | | | | attorney, neither lawsuit funding nor settlement |
| carriers often allege that the driver of the vehicle | | | | loans are available. Without competent medical |
| struck from the rear abruptly accelerated from a | | | | providers, cases are compromised due to poor |
| stop and equally-abruptly came to a halt (viz., | | | | documentation, etc. |
| "jack-rabbit start"). Naturally, this may trigger a | | | | Although well-meaning, family physicians are often |
| fraud investigation and individuals who do engage | | | | poor choices for providing the requisite care |
| in such behavior may be subject to criminal | | | | following car wrecks. In fact, most are reticent to |
| prosecution. Even if individuals obtain non-recourse | | | | document the fact that their patients sustained |
| either lawsuit funding or settlement loans in such | | | | injuries in a car wreck, due to the fact that most |
| instances, the funding must be repaid irrespective | | | | insurance policies exclude care and treatment of |
| of the outcome of the case due to the fraudulent | | | | injuries arising from car wrecks. |
| inducement that transpired when requesting the | | | | Family physicians expect to get paid for services |
| lawsuit loans. | | | | performed. Justifiably so! Patients don't like to pay |
| If you are involved in a car wreck and experience | | | | out-of-pocket for medical expenses, especially |
| a neck injury, you are encouraged to seek | | | | when they feel that someone else is responsible |
| medical attention without delay. Rarely is it | | | | for those injuries. This is understandable! However, |
| advisable to settle a claim prior to seeing a | | | | most major medical insurance policies specifically |
| medical provider if any injuries are sustained in an | | | | exclude care and treatment of injuries arising |
| auto collision. The potential for harm when tons of | | | | from car wrecks. |
| metal collide is substantial. | | | | When such omissions occur, the payer is elated! It |
| Both providers and patients are frequently placed | | | | is now very easy to assert that the plaintiff |
| in a no-win situation in such cases. It is certainly | | | | presented to a medical provider following the car |
| prudent to balance cost-containment measures | | | | wreck and neither the plaintiff nor the provider |
| with best-practices. However, it is unwise to place | | | | even mentions the car wreck. The likelihood of a |
| the payer's interests ahead of the patient's. If | | | | fair settlement in such cases is significantly |
| neither an MRI nor a CT scan is obtained, the | | | | diminished. Neither lawsuit funding nor settlement |
| payer will assert that no substantial injury | | | | loans are likely to be advanced in such scenarios. |
| occurred, as is evidenced by the fact that no | | | | The opinions articulated regarding this conundrum |
| such imaging was obtained. If either an MRI or a | | | | are not merely snatched from abstraction. These |
| CT scan is obtained, the payer will allege that it | | | | observations are made following 20 years of claim |
| was not medically necessary. If either an MRI or | | | | reviews pertaining to thousands of patients. |
| a CT scan is obtained and substantial findings are | | | | Certainly, most physicians are honest and diligent |
| noted, the payer will allege that such findings were | | | | in such matters. However, my experience is such |
| preexisting. | | | | that such omissions are not a rare phenomenon. |
| Above all, if you sustain a neck injury as a result | | | | Those who sustain neck injuries in car wrecks are |
| of a car wreck, seek competent medical | | | | urged to seek medical attention and legal counsel |
| attention. This suggests a provider experienced in | | | | without delay. Chances of obtaining |
| handling traumatically-induced injuries, as opposed | | | | fair-and-equitable settlements, as well as lawsuit |
| to the family physician who handles aches and | | | | funding and settlement loans are substantially |
| pains of non-traumatic origin. Additionally, seek | | | | enhanced when this simple advice is followed. |