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How Over-treating Can Hurt Your Injury Case

1/15/2016

 
Overtreating can affect your personal injury case
One of the most critical elements in any legal claim, whether civil or criminal, is the credibility of the testifying witness or claimant.  Injury claims are not an exception to this rule.  Any good personal injury lawyer should urge his or her client to not get more treatment than they need, or not to continue getting the treatment which is clearly ineffective and does not help their pain.

An honest, reasonable victim will likely recover more and sooner for his injuries than someone who appears to be exaggerating and making more out of his injury than they really are. This is exactly why it is so important to make sure that you do not receive more treatment than you should. Some doctors and especially the chiropractors are tempted to provide more treatment than necessary to the injured patients, especially if these doctors work on a lien basis, so that they can receive a larger portion of the settlement at the end. The problem is that once the claims adjuster or the insurance company's lawyer receives an unreasonably high bill from a doctor or a chiropractor, he will necessarily suspect some kind of exaggeration on the part of the injured.  This will likely result in delay of the settlement process, casting doubt on your entire claim - something that an injured person should avoid when dealing with insurance companies.

Being reasonable and honest about your injuries and your pain, without exaggerating your symptoms is the best strategy to recover a fair compensation for the injury accident that you were involved in, whether you settle your case early on, or at mediation, or right before trial, or whether you have to testify at trial in front of the jury. No one is more generous to someone who appears to depict their situation as worse than it really is, and a typical jury responds very negatively when they have any suspicion that the plaintiff in an injury case exaggerates his or her injuries. 


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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Photos from feserc, Elvert Barnes
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case