Written by attorney Steve Eliot Smith

The Gap in Treatment

One of the most difficult obstacles to overcome in negotiating a personal injury case is the “gap in treatment".

Insurance adjusters pounce on gaps in treatment and hold onto them for dear life. The adjusters translate a gap in treatment to mean the injured party was not really injured. If the person was truly injured, he or she would have gone to the doctor.

Now, you and I know this is not true. Many of us, in our incredibly busy daily lives refuse to go to the doctor. We keep telling ourselves that the pain will go away and that the injury is not serious. Finally, after several days or weeks of pain, our spouses order us to get to a doctor and find out what is going on.

This concept is beyond the understanding of defense insurance adjusters. Once gets the impression, talking to defense adjusters, that the minute they get a sniffle or booboo, they run to the doctor, never miss an appointment, and follow their doctors’ orders implicitly at all times. While this might explain the difficulty in having them return phone calls (they are always at their doctors’ offices), you and I know this is simply not feasible. It is a fact that none of us take care of ourselves like we should.

Having said all of that, should you find yourself in the horrible position of having had a car accident, go to the doctor as soon as you feel pain. Don’t put it off. The fact that it will help your claim is secondary, though important. The most important reason to get to a doctor right away is that you may be suffering from an injury that, if not taken care of immediately, might not ever be totally repairable.

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