ARTICLE
28 November 2023

How Medical Treatment Affects Personal Injury Claims

KL
KI Legal

Contributor

KI Legal focuses on guiding companies and businesses throughout the entire legal spectrum. KI Legal’s services fall under three broad-based practice group areas: Transactions, Litigation, and General Counsel. Its extensive client base is primarily made up of restaurant and hospitality owners and operators, real estate developers and family offices, and lending institutions and investment funds.
Many large insurance corporations use the Colossus software to calculate how much they will payout for personal injury claims.
United States Litigation, Mediation & Arbitration

Many large insurance corporations use the Colossus software to calculate how much they will payout for personal injury claims. This software considers certain factors related to treatment and utilizes these factors to either increase or decrease the value of a claim. Physical therapy – including massage therapy, pool therapy, and acupuncture – add value to a case as long as they are tracked and charted by a doctor. For special treatments, such as for spinal injuries, the doctor must specifically document the injury, treatment, and any aides employed for potential value to be determined. Aides here include the use of walkers, crutches, canes, soft collars, neck braces, and more; injections such as cortisone shots, epidurals, and nerve blocks must also be recorded by doctors. Why must everything be recorded? Because these treatments, aides, and medicines have varying values in the Colossus system.

Imaging studies such as MRIs and CT scans add to the benefit of the injured party, but only one time, meaning that any supplemental studies conducted after the initial scan will not add value to your case. On the other hand, gaps and delays in treatment can lower the value of a personal injury claim. Delays here are attributed whenever the injured party hesitates to seek treatment while gaps are any stops in the course of receiving treatment, such as missing an appointment. In some companies' Colossus systems, a 5-day gap can trigger a negative effect, while in other systems it can take a 7-day gap. The longer the delay, the larger the decrease in value – a drop to zero is entirely possible. As you can imagine, delays and gaps make or break personal injury cases, which is why it is so important to stay on top of your recovery.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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