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FOLLOWING A DOCTOR’S ORDERS IN A PERSONAL INJURY CASE | The Law Offices of Smith & Gaynor, P.C.

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FOLLOWING A DOCTOR’S ORDERS IN A PERSONAL INJURY CASE

Any time you are given instructions by a doctor on how to recover from an injury or illness such as how long to stay out of work, what medications to take and when, and which specialists you need to speak with, it is important to try and follow these instructions. In a personal injury case, however, it is absolutely crucial that you do.

When filing a personal injury claim, the insurance company of the defendant will hire an insurance adjuster to investigate your claim. It may be the case that the fault in your case is completely clear, and you may think it is guaranteed that you are fairly compensated for your injury. Insurance companies are for-profit businesses however, and as such will look for any weakness possible in your claim in order to pay you as little as possible. One possible avenue of attack for them is questioning your compliance with your doctor’s orders. If they can show that you are not following their prescribed treatment, it can seriously affect your Morris County personal injury claim.

If you fail to exactly follow your doctor’s orders, the insurance company can use that to show that your injuries aren’t as serious as you claim them to be, or that you aren’t holding up your end of the bargain and are purposely delaying your recovery. In legal terms, they will claim that you are “failing to mitigate your damages”.

Now, while it may be extremely important that you follow your doctor’s prescribed forms of treatment as closely as possible, this isn’t to say that you don’t have a say in what your treatment entails. If you aren’t comfortable with your doctor’s method of treatment, maybe because they are prescribing heavy doses of addictive pain medication, or recommending invasive surgery, you are free to consult with other doctors, and find a treatment plan that works for you. However, once all of your concerns have been addressed, it is extremely important that you follow the steps of your treatment as closely as possible.

When pursuing a personal injury claim, it is important that you find a doctor you trust, and are comfortable following their plan of treatment. It is also important that you find an experienced and dedicated personal injury attorney. While you focus on recovering and following your doctor’s orders, your attorney can focus on protecting your rights and building the best possible case for you.

Contact a Morristown Personal Injury Attorney Today

Founding partner Robert A. Smith of Smith & Doran personally handles all personal injury cases. Bob Smith is a Certified Civil Trial Attorney, meaning that he specializes in civil court cases, including accident and injury cases of any kind. It is an accolade given by the New Jersey Supreme Court to only 2% of the active lawyers in the state. Bob Smith provides personal but professional legal counsel, and believes open and honest communication with his clients is the key to building a partnership based on trust.

To speak with Bob Smith today about your personal injury case, contact Smith & Doran online or through our Morristown offices today at 973-261-6254.

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