CHIROPRACTIC CARE vs. PHYSICAL THERAPY
Spring 2005
When we all settle in for the winter months, there is a tendency to exercise less and eat more. This is a bad habit virtually all of us are guilty of and quickly regret when we take out the snow shovels. When those aches and pains start up, be it from an old injury, the natural aging process or sometimes from what appears to be no reason at all, relief is at the top of the list. When this occurs, many of us seek help from a chiropractor or physical therapist. The question then presented is, which is better, a chiropractor or a physical therapist?
The answer really depends on the type of person your are. The first difference is that the chiropractor is a doctor and the physical therapist is not. The chiropractor must go through extensive education and training, that actually is not much less than that of a medical doctor. The chiropractor believes in healing naturally and without medication and does not try to do everything alone. If your problem is neurological or orthopedic in nature, the chiropractor will refer you to another doctor in the appropriate discipline.
In New York State in order to treat with a physical therapist, you must have a prescription from a doctor, who often turns out to be an orthopedic. Initially the orthopedic will often prescribe anti-inflammatory or pain killer medication for your problem. If the medicine does not resolve your problem, the doctor will often prescribe a four to six week course of physical therapy and repeat the course if necessary. The physical therapist centers treatment around stretching, exercise, moist heat and electrical stimulation therapy. The chiropractor centers treatment around anatomical adjustments, therapy with various modalities, proper body mechanics, stretching and exercise.
Some people are still afraid to have a chiropractor "crack" their backs and therefore prefer the comfort of a physical therapist, under the prescription of a medical doctor. Some people do not like to take medications and prefer the more natural chiropractic method. In our experience we have found that the majority of our personal injury clients agree that if the problem involves the neck or back, the chiropractor is more helpful. If the problem involves a joint such as a knee or shoulder, the physical therapist is more helpful. The bottom line is, that the better of the two depends on what works for you. Like the fingers on your hand, every person is different and accordingly what benefits one person may not benefit another.
If you would like us to recommend a chiropractor or physical therapist, please do not hesitate to contact our office.
PAYMENT OF MEDICAL BILLS
AFTER A NO FAULT DENIAL
Summer 2005
When someone is injured in a car accident in New York State, in general the insurance company covering the car the injured person was in (the No Fault carrier), is responsible for payment of related medical bills. However, as soon as the No Fault carrier obtains an independent medical examine with negative findings, benefits and subsequent payment of medical bills in the same discipline as the independent examining doctor will be denied. When this happens, claimants often require continued care and treatment, but do not know how their subsequent medical bills should be paid.
The first alternate to pursue for payment of these medical bills, is the injured person's private health insurance company. In general, the private health insurer, upon receipt of the No Fault denial, will pay for the continued medical treatment less any copay.
If the injured person does not have private health insurance or it does not cover the type of continued care they are receiving, then the second alternate is the "pay as you go" method. Under this form of payment, the injured person pays out of pocket for each visit or treatment. The benefit of this method is that in exchange for paying out of pocket, some doctors such as chiropractors, are willing to reduce their per visit charge.
The third and last alternate for payment of medical bills, exists only when the injured person has a pending legal claim or case seeking compensation for their accident related injuries. In such a case, many doctors are willing to accept a lien on the injured person's "would be" personal injury recovery. Under this scenario, the doctor agrees to wait to get paid until after the personal injury case settles. Upon settlement, the patient agrees to have their lawyer pay the doctor's outstanding bill in full, off the top of the client's net recovery. However, if for some reason the injured person does not receive a recovery or any money from the personal injury case, they are still responsible for full payment of the doctor's bill. If utilizing the lien option, we strongly recommend having a "cap" on the lien amount, in order to maintain control and avoid unpleasant surprises as to the amount of outstanding medical bills.
If you would like any additional information or have any questions, please call our offce.
The first alternate to pursue for payment of these medical bills, is the injured person's private health insurance company. In general, the private health insurer, upon receipt of the No Fault denial, will pay for the continued medical treatment less any copay.
If the injured person does not have private health insurance or it does not cover the type of continued care they are receiving, then the second alternate is the "pay as you go" method. Under this form of payment, the injured person pays out of pocket for each visit or treatment. The benefit of this method is that in exchange for paying out of pocket, some doctors such as chiropractors, are willing to reduce their per visit charge.
The third and last alternate for payment of medical bills, exists only when the injured person has a pending legal claim or case seeking compensation for their accident related injuries. In such a case, many doctors are willing to accept a lien on the injured person's "would be" personal injury recovery. Under this scenario, the doctor agrees to wait to get paid until after the personal injury case settles. Upon settlement, the patient agrees to have their lawyer pay the doctor's outstanding bill in full, off the top of the client's net recovery. However, if for some reason the injured person does not receive a recovery or any money from the personal injury case, they are still responsible for full payment of the doctor's bill. If utilizing the lien option, we strongly recommend having a "cap" on the lien amount, in order to maintain control and avoid unpleasant surprises as to the amount of outstanding medical bills.
If you would like any additional information or have any questions, please call our offce.
PSYCHOLOGICAL INJURIES AND
DAMAGES FROM A CAR ACCIDENT
Fall 2005
A common but rarely treated type of injury sustained in a motor vehicle accident, is that of a psychological nature. Many clients report experiencing symptoms such as a fear of driving, flashbacks, anxiety and/or depression. Clinically, these people are often diagnosed with phobia, post traumatic stress disorder, and/or anxiety-depression disorder.
Unfortunately, many people today are still of the mind set that a certain stigma is attached to treating with a psychologist or psychiatrist and accordingly fail to get the treatment they need. The common belief is that these symptoms will remedy themselves and that a "shrink" is not needed. This antiquated thinking often results in a protracted period of non-compensable mental pain and suffering. It is non-compensable because from a legal perspective, subjective complaints of mental pain and suffering are insufficient to prove damages. In order to prove damages for mental or psychological injuries, one must do so with objective medical evidence and documentation.
Those who are prudent and seek treatment with a doctor such as a psychologist, often find effective relief of their symptoms without the need for an extended period of treatment. Further, because they have obtained the necessary medical treatment to remedy and substantiate their psychological injury, they become eligible to receive a higher monetary settlement or award in their case. This truly is a "win-win" situation to which all those who are psychologically injured should subscribe.
If you have any questions related to this topic or any other legal matter, please do not hesitate to contact our office.
Unfortunately, many people today are still of the mind set that a certain stigma is attached to treating with a psychologist or psychiatrist and accordingly fail to get the treatment they need. The common belief is that these symptoms will remedy themselves and that a "shrink" is not needed. This antiquated thinking often results in a protracted period of non-compensable mental pain and suffering. It is non-compensable because from a legal perspective, subjective complaints of mental pain and suffering are insufficient to prove damages. In order to prove damages for mental or psychological injuries, one must do so with objective medical evidence and documentation.
Those who are prudent and seek treatment with a doctor such as a psychologist, often find effective relief of their symptoms without the need for an extended period of treatment. Further, because they have obtained the necessary medical treatment to remedy and substantiate their psychological injury, they become eligible to receive a higher monetary settlement or award in their case. This truly is a "win-win" situation to which all those who are psychologically injured should subscribe.
If you have any questions related to this topic or any other legal matter, please do not hesitate to contact our office.
UNINSURED/UNDERINSURED MOTORIST COVERAGE
Winter 2005
In New York State, every automobile policy must include the minimum statutory uninsured/underinsured motorist coverage (also known as S.U.M. coverage) in the amount of $25,000 per person and $50,000 per accident.
Uninsured motorist coverage applies when you are involved and injured in an automobile accident with a person who does not have car insurance. In such a case, your uninsured motorist coverage essentially steps in the shoes of the tortfeasor (wrong-doer), thereby providing insurance to cover your personal injury claim.
Underinsured motorist coverage is triggered when you are involved and injured in an automobile accident, with a person who's insurance policy has a liability coverage limit that is less than your own policy's liability coverage limit. In this instance, the tortfeasor is considered to be "underinsured" as compared to you. However, you can only then actually make an "underinsured" claim if your underinsured coverage limit is greater than the tortfeasor's liability coverage limit. If this is the case, you may then after securing the full liability policy of the tortfeasor with the consent of your own insurance company, make a claim for additional money under your own "underinsured" policy. The limit of the amount of additional money that you may pursue in accordance with the "set off" law, is equal to the difference between your underinsured policy limit and the tortfeasor's liability policy limit.
If you think this all sounds confusing and is difficult to understand, you are not alone. That is perhaps the main reason why people do not have high enough uninsured/underinsured motorist coverage. This works to the advantage of the insurance company and the disadvantage of the consumer. This particular type of coverage is a money loser for the insurance company, which is perhaps why they are not likely to encourage you to increase your limits or even take the initiative to explain it to you. The fact is, uninsured/underinsured motorist coverage is vital and usually is available for what would still be considered a reasonable premium. If you would like to discuss what amount of coverage is best for your particular situation, please contact our office.
We wish you peace & happiness for the Holiday Season and throughout 2006.
Uninsured motorist coverage applies when you are involved and injured in an automobile accident with a person who does not have car insurance. In such a case, your uninsured motorist coverage essentially steps in the shoes of the tortfeasor (wrong-doer), thereby providing insurance to cover your personal injury claim.
Underinsured motorist coverage is triggered when you are involved and injured in an automobile accident, with a person who's insurance policy has a liability coverage limit that is less than your own policy's liability coverage limit. In this instance, the tortfeasor is considered to be "underinsured" as compared to you. However, you can only then actually make an "underinsured" claim if your underinsured coverage limit is greater than the tortfeasor's liability coverage limit. If this is the case, you may then after securing the full liability policy of the tortfeasor with the consent of your own insurance company, make a claim for additional money under your own "underinsured" policy. The limit of the amount of additional money that you may pursue in accordance with the "set off" law, is equal to the difference between your underinsured policy limit and the tortfeasor's liability policy limit.
If you think this all sounds confusing and is difficult to understand, you are not alone. That is perhaps the main reason why people do not have high enough uninsured/underinsured motorist coverage. This works to the advantage of the insurance company and the disadvantage of the consumer. This particular type of coverage is a money loser for the insurance company, which is perhaps why they are not likely to encourage you to increase your limits or even take the initiative to explain it to you. The fact is, uninsured/underinsured motorist coverage is vital and usually is available for what would still be considered a reasonable premium. If you would like to discuss what amount of coverage is best for your particular situation, please contact our office.
We wish you peace & happiness for the Holiday Season and throughout 2006.
