Medical Care and Your California Personal Injury Claim

Describe your symptoms honestly

Tell your provider what you experienced, when symptoms began and how they changed. Include relevant prior injuries, medical conditions and later incidents. Do not exaggerate symptoms or minimize them because you feel embarrassed, rushed or uncertain.

If you cannot remember a detail, say so. A symptom diary can help you keep track, but it should record your actual experience rather than language you believe will improve a claim.

Keep a useful treatment record

Maintain a list of providers, appointment dates, prescriptions and referrals. Save discharge instructions, work restrictions, bills and insurance explanations of benefits. Tell our office where you received care, including emergency, primary, specialist, therapy and mental health services relevant to the incident.

Keep the documents even if insurance paid part of a bill or you disagree with the charge. The legal significance of a charge can require more information than the number printed on it.

Tell us about barriers to care

If you miss an appointment or stop treatment, explain why to your provider and our office. Cost, transportation, work, childcare, scheduling and medical advice can all affect treatment. A gap may raise questions; it does not answer every issue about the injury on its own.

Do not obtain unnecessary treatment for the purpose of increasing medical bills. Discuss proposed care, alternatives and risks with your provider.

Understand payment arrangements

Health insurance, medical payments coverage, public benefits or a provider lien may be relevant, depending on the circumstances. A lien arrangement can create an obligation connected with the recovery; it should not be described as free treatment.

Ask who is billing you, what you may owe and how the arrangement works. Send our office new bills, lien notices or collection letters promptly.

Document changes in daily life

Be specific about activities affected by your symptoms. For example, record when you could not complete a work shift or needed help with an ordinary task. Note improvements as well as continuing difficulties.

There is no automatic settlement multiplier based on treatment or bills. Responsibility, causation, evidence, losses, coverage and other legal issues can affect a claim.

Keep communication current

Let our office know about new diagnoses, recommended procedures, discharge from treatment or a later accident. Use secure communication for medical records and follow the instructions your legal team provides for your case.