Lawsuit Funding And Settlement Loans: Car Wrecks And Neck Injuries.

Frequently, individuals are involved in car wrecks and wish to obtain settlement loans. Additionally, these individuals frequently want to know whether their claims are of any specific value. Very commonly, these individuals sustain injuries to their neck as a result of these car wrecks. The real question is, “What is the best way to determine the source of the pain and how do I get rid of it?”

It is not uncommon for individuals to conclude that merely because another individual is driving a vehicle that impacted with their vehicle that the other individual will be found liable for injuries/damages arising from that incident. However, such is not the case. In fact, in many instances in which a vehicle is struck from the rear by another vehicle, the driver of the vehicle that was struck from the rear is found liable.

Due to the fact that there has been such an increase in litigation in our society, many insurance carriers will assert that the incident occurred as a result of a “jack-rabbit start.” This is an incident in which one driver abruptly moves forward and equally-abruptly applies his/her brakes. The principal purpose of this maneuver is, as is often assumed, to intentionally cause the vehicle from the rear to strike the front vehicle. Assuming that the facts of the case are clearly established, one may rest assured that settlement loans will not be forthcoming in such fraudulent cases. (One should also take note of the fact that such actions, once discovered, may result in criminal prosecution.)

However, the purpose of this article is to discuss settlement loans and their relationship to car wrecks and neck injuries resulting from such occurrences. Individuals who are involved in car wrecks are encouraged to seek medical attention for an evaluation to determine both the extent and severity of injury sustained, if any. Unfortunately, individuals are often injured in car wrecks and aren’t aware of that fact until sometime later. Too frequently, this is subsequent to the date on which the individual causing the accident has been released from all liability with respect to that particular incident.

When making a determination as to the extent and severity of injuries, both providers and their patients are caught in the cross-fire of the desire to proceed with best-practices and the desire to focus efforts on cost-containment. Unfortunately, such actions are often in conflict with one another. If the provider makes a determination that enhanced imaging (e.g., MRI or CT) will be required to properly assess the patient, the insurance carrier is going to allege one of several things. The most frequent allegation from the insurance carrier is that such imaging was not medically necessary. If the imaging is obtained and significant findings are noted, the insurance carrier will allege that these findings were pre-existing. If no enhanced imaging is obtained, the insurance carrier will assert that there were no substantial injuries as a result of the car wreck. This is just one of the many reasons that legal counsel is absolutely essential in prosecuting claims against insurance carriers.

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.

Naturally, the insurance carrier will argue that a delay in seeking care suggests that the injuries were either mild or nonexistent. Additionally, insurance carriers will allege that the care sought was principally attorney-directed. There is little to be gained by prolonging the first visit to a qualified healthcare provider following a car wreck.

In addition to seeking qualified medical attention, it is also vitally important to seek competent legal counsel. Yes, I realize it’s very easy to find individuals who specialize in Personal Injury cases. However, you want an attorney who is willing to take your case to trial, if necessary. Additionally, you want an attorney who will not “farm” your case out to a litigation-firm if the “going gets rough.” There are many attorneys out there who claim to specialize in Personal Injury cases. However, the attorneys who excel in this field are relatively far-and-few between.

Bear in mind, general practitioners are customarily not very helpful in making a determination as to the extent and severity of injury sustained as result of a car wreck.

One of the primary reasons this occurs is the fact that family physicians are aware that major medical insurance policies do not cover injuries sustained in car wrecks. Therefore, it is not in their best interest to identify injuries arising from an incident for which the patient has no insurance coverage. Additionally, many of the patients will work to discourage their physicians from correctly categorizing the incident at the time to avoid having to pay out-of-pocket for a particular office visit. However, this often spells disaster for those who attempt to resolve claims against insurance carriers and subsequently attempt to gain either lawsuit funding or settlement loans.

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

Certainly, the intent of this article is not to disparage family physicians. I would argue that most family physicians practice in an ethical and prudent manner. However, I’ve had an opportunity to review thousands of claims from essentially all over the United States for more than 20 years. There can be no doubt that such omissions often arise in an effort to intentionally mischaracterize the nature of the conditions for which the patient seeks care following a car wreck to assist the patient in being able to obtain insurance coverage for a particular visit/treatment.

Once again, those individuals who have sustained injuries as a result of a car wreck are encouraged to seek both medical attention and competent legal counsel as quickly as possible. One should not forget that individuals who seek either lawsuit funding or settlement loans will not find such funding forthcoming if the records are not adequately documented and competent legal counsel has not been retained.

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