If you have suffered a traumatic brain injury (TBI) from a car accident, a slip-and-fall, or another incident in Kansas or Missouri, your life has probably been turned upside down. You may be feeling overwhelmed because of all the doctor visits, insurance calls, and the symptoms you are experiencing. Despite all that is going on, there is one crucial thing you should ensure you do: follow your doctor’s orders to the letter. Following your doctor’s orders is not just about your health, although that is the top priority. It is also crucial for protecting your right to fair compensation. Keep reading to learn more about why following your doctor’s orders is vital after a TBI.
Why Should You Follow Your Doctor’s Orders?
A traumatic brain injury is a serious injury. Even a TBI that seems minor, such as a concussion, can have long-lasting effects. A TBI can cause symptoms like confusion, headaches, memory issues, and emotional changes. These symptoms can worsen without proper medical care, which is why it is vital to follow your doctor’s advice. Your doctor’s treatment plan is designed to help your brain heal properly. Ignoring your doctor’s order can slow down your recovery or lead to complications that make your injury worse.
In addition to protecting your physical health, following your doctor’s orders is vital for protecting your legal rights. If someone else’s negligence caused your TBI, your medical records and treatment history are crucial in proving your injury and damages. Defendants’ insurance companies are always looking for reasons to minimize claims or deny them altogether. If you don’t follow your doctor’s orders, the defendant’s insurance company may use that to attack your claim.
How Ignoring Your Doctor’s Orders Can Affect Your TBI Claim
First, if you ignore your doctor’s orders, the defendant’s insurance company might argue that you failed to mitigate damages. After sustaining a TBI in Kansas or Missouri, you are legally obligated to take reasonable steps to mitigate damages. This is known as the “duty to mitigate” damages and includes seeking prompt medical attention and following your doctor’s orders. If you skip medical appointments, fail to take prescribed medications, or engage in restricted activities, the insurance company may claim that you worsened your injury.
Second, the insurance company may argue that if you are skipping medical appointments, not taking medication as prescribed, or ignoring activity restrictions, then your injury must not be as severe as you claim. This can significantly weaken your case and reduce the amount of compensation you recover.
How to Protect Your Health and Legal Case
If you have suffered a TBI due to another person’s negligence, here are some practical tips for protecting your health and legal rights;
- Attend all doctor appointments
- Follow your doctor’s treatment plans
- Document everything, from your appointments to your symptoms to how you are following your doctor’s orders
- Communicate with your doctor. For example, if you cannot attend an appointment, discuss it with your doctor and reschedule as soon as possible, rather than skipping it altogether. Keeping your doctor informed shows you are taking your recovery seriously and can help maintain consistent medical records for your case.
By following your doctor’s orders after a TBI, you protect your health and strengthen your legal case.
Contact Us for Legal Help
If you have suffered a TBI in Kansas or Missouri because of another party’s negligence, contact our experienced brain injury counsel at Griggs Injury Law for help protecting your legal rights.