After a motor vehicle accident, a slip and fall, or another type of accident, your doctor might recommend that you go to physical therapy a few times per week. For many people, physical therapy can be a bit of a burden. It can be easy to blow off appointments while you focus on other aspects of your recovery – but doing so could hurt your legal case.
Physical therapy records can be incredibly useful in demonstrating the extent of your injuries. It is a week-by-week documentation of your pain, recovery process, and physical limitations that can be used to prove your personal injury case. If you have been prescribed physical therapy, you should consistently attend your sessions to help you recover more fully and to help you get maximum compensation for your injuries.
Gould Cooksey Fennell offers compassionate, skilled legal representation to Florida accident victims. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Contact our law firm today to schedule a free initial consultation with a Vero Beach personal injury attorney.
How Physical Therapy Affects a Personal Injury Settlement
Physical therapy (PT) is a medical treatment that helps patients improve how their body physically moves. It is often prescribed as a way to deal with pain or to increase strength, often after a person suffers an injury or is diagnosed with a health condition. It is also common for patients to do physical therapy before and after surgery.
Physical therapy can consist of many different treatments depending on the patient’s injury or health condition. It commonly includes modalities such as stretching, massage, strength training, hot or cold therapy, hydrotherapy, and transcutaneous electrical nerve stimulation (TENS). It is usually performed on an outpatient basis, although patients in a hospital may participate in physical therapy during their stay. It may be prescribed for weeks, months, or even years.
When a person is injured in a car accident or other type of accident, their treating physician might prescribe physical therapy to help them heal and recover from their injury. For example, if a person is diagnosed with whiplash after a rear-end accident, physical therapy will be a critical part of their treatment plan. For whiplash, PT can help to reduce pain, improve range of motion, and strengthen neck and shoulder muscles.
Physical therapy is an important part of any accident settlement for several reasons. Typically, it increases the total settlement amount in a case simply because the accident victim has more significant medical bills. It can also affect a personal injury case in other ways.
Physical Therapy Can Help You Recover More Fully
Doctors prescribe physical therapy for a reason: it helps their patients heal. After an accident, most people want to return to their normal life as soon as possible. Going to physical therapy can help you achieve that goal, potentially allowing you to manage pain, avoid surgery, recover from your injury, and improve your mobility.
Physical therapy can also help you get a settlement more quickly if you reach maximum medical improvement (MMI) sooner. MMI is the point at which further recovery from your injury is unlikely, even with continued treatment. It is essentially when your condition has stabilized.
Personal injury claims are usually not settled until there is some certainty about the extent of their injuries and future limitations – which often happens when a person reaches MMI. If you settle a claim before this point, your compensation may not reflect the true extent of your injuries. Going to PT can help you get to MMI sooner, which means that you will be able to resolve your case more quickly.
Physical Therapy Records Can Be Evidence of Your Injuries
When you go to physical therapy, you will almost certainly be given a survey to fill out where you rate your level of pain and how well you are functioning. These surveys will become part of your medical records. This means that they will be evidence in your personal injury claim.
During your session, you will also likely talk to your physical therapist about your pain and the things you can and cannot do. For example, you might tell your therapist that you’re having trouble standing or walking for more than 15 minutes after a back injury. These notes will also serve as important proof of your injuries.
This type of documentary evidence is incredibly important to show the extent of your losses. It can ultimately increase your total settlement because you will have proof of your levels of pain, your limitations, and your recovery progress. It will be hard for the insurance company to argue that you weren’t really injured that badly when you have medical records that track your recovery multiple times per week over the course of weeks or months.
Not Attending Physical Therapy Can Negatively Impact Your Settlement
Insurance companies are notorious for doing everything in their power to deny claims – or to pay out as little as possible on a legitimate personal injury claim. That is one reason why it is so important to go to physical therapy if your treating physician prescribes it. It is also critical that you complete all of your physical therapy sessions.
If you don’t go to physical therapy – or quit early – then the insurance company might argue that your injuries aren’t that serious or that you have recovered fully. Its argument might be that if you were as badly injured as you claimed, you would go to all of your PT appointments. Of course, we know that isn’t always true – there are many reasons why a person might skip some PT sessions that have nothing to do with the seriousness of their injuries (such as not having child care).
Going to physical therapy consistently will support your claim. Actively participating in treatments will also help you recover physically. Don’t give the insurance adjuster a reason to cast doubt on your case – make sure that you attend all of your physical therapy appointments and that you finish your course of treatment.
Will My PIP Coverage Pay for Physical Therapy?
In Florida, all drivers are required to purchase personal injury protection (PIP) as part of their car insurance policy. PIP will pay for up to $10,000 in medical expenses after an accident, which includes physical therapy. However, if you are seriously injured enough to require physical therapy, then this $10,000 may be quickly depleted by things like hospital stays, surgeries, and emergency medical treatment.
Once your PIP coverage has been exhausted, you may be able to seek compensation from the at-fault party. Contact Gould Cooksey Fennell today to schedule a free consultation with a Vero Beach personal injury attorney.
Am I Required to Get Physical Therapy After an Accident?
Not every injury will require physical therapy. However, many of the most common injuries associated with motor vehicle accidents – like neck injuries, back injuries, shoulder injuries, and knee and ankle injuries – will benefit from some form of physical therapy. While you may not be technically required to get physical therapy, if your doctor prescribes it, you should attend your sessions regularly and participate in your treatment.
Physical therapy can help you get better and can also help you demonstrate the seriousness of your injury. In Vero Beach, call Gould Cooksey Fennell today to schedule a free consultation with a Florida car accident lawyer.
What Compensation Can I Seek for My Injuries?
In a Florida personal injury case, you can recover financial compensation – referred to as damages – for all of your losses. This may include three types of damages:
- Economic damages
- Noneconomic damages
- Punitive damages
Economic and noneconomic damages are compensatory damages because they compensate an accident victim for their injuries. Punitive damages are meant to punish someone who acted intentionally or recklessly. They are only available in more unusual cases, such as a drunk driving accident.
Economic damages pay for your direct financial losses. Examples of economic damages include medical bills, future medical treatment, lost wages, reduced earning capacity, and property damage. Physical therapy will directly affect your economic damages because the insurance company will be required to pay for the PT that you received as well as any treatment that you may need in the future.
Noneconomic damages pay for intangible losses that are often harder to prove, including pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. Physical therapy records can be incredibly useful in proving noneconomic damages. While you may only see your doctor every 4 to 6 weeks, you will likely see your physical therapist 2 to 3 times a week. Your physical therapy records will closely track your pain and any limitations that you have – which can be used to prove your noneconomic damages.
Punitive damages are designed to penalize someone who acted intentionally or recklessly. In Florida, punitive damages are capped at the greater of 3 times compensatory damages or $500,000. As such, if you are eligible for punitive damages, then the amount you receive may be affected by physical therapy because it can increase your compensatory damages.
The best way to get maximum compensation for your losses – including coverage for your physical therapy expenses – is by working with an experienced Vero Beach personal injury attorney. Gould Cooksey Fennell will fight for your rights and help you get the compensation that you deserve for your injuries.
Help for Florida Accident Victims
If your doctor prescribes physical therapy for you after an accident, you might wonder just how important it is to your recovery and your case. The answer is that it is critical that you go to physical therapy both to get maximum compensation AND to make sure that you recover fully from your injuries. Our law firm can help you with filing a claim – while you focus on getting better.
Gould Cooksey Fennell represents clients throughout Florida’s Treasure Coast who have been hurt in car accidents, truck accidents, pedestrian accidents, boating accidents, and other types of personal injury matters. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Florida personal injury lawyer, give us a call at 772-228-6684 and fill out our online contact form.
