You can demand compensation from an at-fault driver if you’re hurt in a car accident. Frequently, the driver’s insurance carrier will handle the personal injury claim. Since these insurance companies don’t want to go to court, they usually offer settlements to compensate for your injuries.
Silva Injury Law is a leading firm that serves clients across California. Our personal injury lawyers can help you get the highest car accident physical therapy settlement available.
Does Physical Therapy Increase a Settlement?
A settlement is a private agreement to provide compensation to a victim. In return, the victim settles their claim against the other party, ending the legal dispute.
Settlements can provide compensation for any damages caused by the car accident, such as:
- Hospital bills,
- Prescription costs,
- Lost earnings, and
- Emotional distress.
If you need physical therapy due to the accident, you can demand the other side to pay for your care as part of the settlement.
Who Pays for Physical Therapy?
You will likely need to pay for all expenses you incur after the accident. Your health insurance may cover physical therapy, but it isn’t guaranteed. These out-of-pocket expenses can be high and may cause additional financial strain.
Nevertheless, you shouldn’t let the cost of treatment prevent you from getting the care you need. Not only can this affect your health, but it can also reduce the value of your settlement. If you have a valid claim, Silva Injury Law will fight hard to get the other side to compensate you for these expenses.
Will Physical Therapy Increase My Settlement If My Insurer Pays for Treatment?
A settlement does more than compensate you for the actual cost of care. You can also demand payment for emotional harm and pain and suffering caused by a car accident. Some examples of this can include:
- Permanent neck pain and stiffness;
- Recurring joint and back pain;
- Reduced movement in arms and hands;
- Inability to bend or crouch; and
- Difficulty walking, sitting, or standing.
Living with these conditions may cause you to change your daily routine, affect your ability to work, and lower your enjoyment of life. The liable party should compensate you for causing these difficulties. Your physical therapy records can be vital evidence to illustrate the life-changing aspects of your injuries.
Should I Get Physical Therapy If I Feel Fine?
Many car accident victims don’t notice pain or ignore injuries. It’s common to feel okay for a few days after an accident since many injuries don’t become apparent until days or weeks later.
You should see a doctor as soon as possible after a crash. If they recommend physical therapy, you need to attend your sessions even if you don’t feel pain. Therapy can help prevent minor injuries from worsening and causing additional complications.
Worst of all, you may not be eligible for compensation if you wait too long to seek treatment. That’s why you must follow your doctor’s orders, no matter how minor your injuries seem.
How Long After Physical Therapy Do You Get a Settlement?
California requires you to file a personal injury claim within two years of your car accident. Yet, it doesn’t set a deadline by which parties need to settle a personal injury case. Your dispute can last months or years, especially if you have complex claims. Throughout this time, you can continue receiving physical therapy for your injuries.
Some defendants will settle a claim while physical therapy is ongoing. If it’s a fair offer, you can accept this settlement and continue attending your appointments until you recover.
Tips to Get the Most Out of Your Physical Therapy
Physical therapy can increase your settlement, but you must take careful steps to justify your compensation claim. Follow these tips to maximize your physical and financial recovery.
Attend Sessions Regularly
Far too many victims begin physical therapy but stop attending after a few sessions, which is a major mistake because it can jeopardize your health and the strength of your case.
First, you should attend physical therapy to recover from your injuries. Your therapist will build a custom plan that helps you regain strength and mobility, but this plan only works if you attend the sessions. Failing to show up can cause you to endure pain for longer than necessary and lead to worsening medical problems.
Second, attending physical therapy provides evidence to support your settlement demand. If you stop attending sessions, the other side might claim you are healthy and don’t need additional compensation.
Retain Records of All Your Visits
You need evidence that justifies your car accident physical therapy settlement. Medical records are one of the best ways to show the extent of your injuries. Keep a copy of all documents related to your care in case your attorney needs these during negotiations.
Keep a Journal of Your Experience
The other side will want to know why you want compensation. Yet, it can be difficult for you to describe the pain and difficulties caused by your injuries. Many victims find help by logging their feelings and thoughts in a journal. Your diary lets you explain how your injuries affect you with daily tasks like preparing meals, going to work, and enjoying time with your family.
Work with a Personal Injury Attorney
Simply attending physical therapy is not enough to get the other side to settle your claim. You need an experienced lawyer to manage the legal process and protect your rights.
In addition to advising you on physical therapy, your lawyer will help collect evidence and draft a legal complaint against the liable party. After this, they will negotiate with the insurance company and push for the highest settlement possible. If that’s not possible, your attorney will be ready to take your case to trial and advocate for your rights before a judge or jury.
Schedule a Free Consultation
Silva Injury Law is here to help after a car accident. Our attorneys have decades of experience evaluating the cost of injuries and using physical therapy to justify compensation. Clients trust us because we have a record of getting favorable outcomes, including seven-figure settlements. Call today at (209) 600-4389 to schedule your no-cost consultation.