One very common injury resulting from vehicle accidents is whiplash, which consists of sudden jerking of the neck resulting in soft tissue injuries. Many other accidents also cause damage to or misalignment of the spine and joints, resulting in pain and decreased mobility. This makes seeking chiropractic care seem logical and necessary, but it could reduce the amount of compensation you can recover in your personal injury claim.
Medical Treatment Compensation
After any kind of accident, you may need to pursue a personal injury case within the three-year statute of limitations in order to get paid for your accident-related expenses, including:
- Medical expenses
- Repair or replacement of damaged property
- Lost wages
- Pain and suffering
Although it is possible to get your expenses paid for, you will be required to prove some things before you will be awarded compensation. Proving that the defendant caused the accident and that your injuries and other claimed damages were directly caused by the accident is the first step. However, even once you have shown that the defendant is responsible, you will still need to prove that all expenses you are seeking compensation for are reasonable and necessary.
Alternative medical care, including chiropractic care, may not always be covered via personal injury compensation. This is because it could be seen as unnecessary if a traditional physician could treat the injury, particularly if traditional treatment would be cheaper.
How to Seek Alternative Treatment
You should be able to seek the kind of treatment you are most comfortable with after an accident. However, if you are most comfortable with chiropractic care, acupuncture, massage therapy, or other less traditional treatment, you may face difficulties in receiving compensation for your expenses. One way to help ensure your medical expenses are paid is to receive a diagnosis from a traditional physician first. If at all possible, obtain a prescription or referral from the traditional doctor for your less traditional care. This will help to demonstrate the reasonableness and necessity of the treatment in your case.
If you were transported to an emergency room, you may be able to use any diagnosis and recommendations given by that doctor as well. However, you should be certain that any recommendations to seek alternative care were put into the written report, which you can provide to your attorney.
Whether or not you are able to get a referral to the alternative care you prefer, be certain to make and keep follow-up appointments with your primary physician. These appointments can help to document that alternative care is effective by monitoring your progress, helping to prove the necessity of those expenses in court. Be certain to maintain records of all treatment and get copies of all medical reports.
Contact a Charleston Personal Injury Attorney
An experienced personal injury attorney will be able to answer any questions you have about seeking alternative treatment. Don’t wait to contact the attorneys at the David Aylor Law Offices, since we can advise you prior to seeking treatment in order to give you the best chance of recovering necessary compensation.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.