Can Injured Victims Seek Compensation for Alternative Medicine?

massage therapist's officeMany injury victims entrust all their treatment to medical doctors. However, some victims may complement that treatment with holistic/alternative medicine. They may be seeking relief from pain, such as pain in the back, neck or joints. Alternative medicine may also be sought to help with fatigue or to regain strength.

While these treatments might provide relief, the insurance company may try and deny compensation.

Below, we discuss alternative treatment for personal injuries. If you have made use of these treatments, you should discuss them with an experienced attorney to see if you may be able to obtain compensation for them. If you can prove you benefitted from the treatment, there may be a chance you can recover compensation for your damages.

At TSR Injury Law, an initial consultation with a Minneapolis personal injury attorney is free of charge. We have obtained more than $1 billion on behalf of our clients in a wide variety of cases. We are committed to securing full compensation for your medical treatment, lost wages and other damages.

What are the Common Types of Alternative/Holistic Medical Treatment?

Alternative medicine includes a wide variety of treatments. For example, some injured victims may visit a chiropractor to help them with back pain or neck pain.

Chiropractors may do a spinal adjustment to provide pain relief from a back injury. Spinal manipulation may also be done to help improve range of motion. These treatments may help with various injuries, including whiplash.

Other examples of chiropractic treatments include trigger point therapy, myofascial release and massage.

Some other forms of alternative/holistic medicine may include:

  • Acupuncture
  • Massage therapy
  • Cupping
  • Homeopathy
  • Intravenous vitamin supplementation
  • Tai chi
  • Yoga
  • Body movement therapy
  • Herbal medicine
  • Meditation
  • Hypnosis

While more research is needed, so far, studies have shown that acupuncture provides some benefits to patients. Acupuncture may help to relieve pain in your neck and back and pain you experience after surgery.

This treatment involves the insertion of needles into certain places to stimulate the nervous system. It is thought that inserting these needles helps stimulate the body’s ability to heal.

Treatments like massage therapy, yoga and Thai chi may help to improve mobility. These treatments may also help with pain management. Some victims may turn to meditation or hypnosis to deal with psychological trauma caused by the accident itself. These treatments in combination with counseling from a licensed mental health professional may help.

Herbal supplements are not regulated by the FDA and there is not a lot of research about their effectiveness. However, there are various claims about supplements like turmeric, which some claim has helped to reduce their inflammation.

Proving You Benefitted From Alternative Medicine

It may be challenging to prove you benefitted from alternative or holistic medicine. Doctors and insurance companies are likely to attribute decreased pain or improvements in other symptoms to traditional treatment.

However, some doctors may acknowledge the benefit of some alternative treatment. If you are getting alternative treatment and think it helped you, make sure to inform your treating doctors. They may note it in your medical records, which may help strengthen your claim for compensation.

If a doctor recommends stretching to help with limited mobility, you may have a tough time doing stretches. However, if you receive massage therapy that allows you to do stretches, doctors may recognize the benefit of massage therapy.

Sometimes doctors might recommend alternative treatment to supplement traditional medicine. Proof of a doctor’s recommendation for things like acupuncture or massage therapy could help strengthen your claim for compensation. Insurance companies may have a much harder time arguing against doctors.

It is important to note you likely have a better chance of recovering compensation for alternative medicine if you are also getting traditional treatment. If you are only using holistic medicine, the insurance company may be more likely to argue you are failing to mitigate your damages.

Schedule Your Free Consultation Today to Discuss Your Claim

If you have any questions about your claim or the advantages of experienced legal representation, call us today. We have been representing those injured by the negligence of others for decades.

There are no upfront fees for our services. We do not get paid our fees unless you receive compensation. There is also no charge for an initial legal consultation with an attorney.

Contact us today. We are here to help: (612) TSR-TIME.

Who May Be at Fault for Causing a Sideswipe Crash in Minnesota?

car that was in a sideswipe collisionWhen drivers are not careful changing lanes, it can result in a sideswipe crash. While some of these crashes may only cause minor damage to the vehicles, some are more serious. For example, if a sideswipe collision occurs in heavy traffic or on a wet road, it could involve multiple vehicles.

If you were injured in a sideswipe crash, call TSR Injury Law to discuss potential legal options. We are prepared to pursue full compensation for your damages at no upfront cost to you. We have secured more than $1 billion in compensation on behalf of our clients, many of whom were injured in motor vehicle collisions.

Below, our car crash lawyers in Bloomington discuss sideswipe crashes in more detail, including why they often happen, who could be liable, and steps victims can take after a sideswipe collision.

What are Sideswipe Crashes?

A sideswipe is a crash involving two vehicles that are traveling in the same direction. Often, one driver fails to stay in his or her lane, and the side of that driver’s vehicle collides with or swipes another vehicle.

The danger of sideswipe crashes is that they are often unexpected. This could result in the victim of the crash losing control of his or her vehicle, potentially crashing into other cars or fixed objects. The faster the involved vehicles are traveling, the more likely one or both drivers could lose control, which also increases the likelihood of other cars being involved in the collision.

Common Reasons Why Sideswipe Crashes Occur

There are many reasons why one vehicle may drift out of a lane and sideswipe another vehicle. Drivers might:

  • Take their eyes off the road
  • Get distracted by their smartphone or something else
  • Fail to use their turn signal to indicate their intention to change lanes
  • Be impaired by alcohol or drugs
  • Behave recklessly while merging

Failing to use a turn signal could cause a driver to pull up next to another car while the driver of that other car begins to change lanes. For example, say you are about to pass a car in the lane to your right. If you were to see that car’s left turn signal blinking, you would likely slow down because you would expect the driver to change lanes. However, if the driver does not put on his or her turn signal, you may continue traveling at the same speed. As you pull up next to the car, the driver may begin to change lanes and collide with the right side of your vehicle.

Alcohol or drugs can make it harder for people to control their fine motor skills. They may not be able to hold the wheel steady. Impaired drivers may also not be seeing clearly, which can make it harder to stay in a lane.

Evaluating Fault for a Sideswipe Collision

Liability for a sideswipe crash comes down to which driver had the right of way. The driver who failed to stay in his or her lane is likely going to be held liable for damages.

If the crash occurs while two vehicles are merging, however, fault could be more complex. Sometimes one driver should have slowed down and merged behind the vehicle he or she collided with (often called the zipper method of merging). In other situations, it could be that one car was trying to merge and another driver was speeding, which resulted in a sideswipe collision. In these situations, fault for the crash might be shared between both drivers.

If one driver was impaired and his or her car drifted out of a lane as a result, he or she is likely to be found at fault.

The insurance company may try to argue the victim was speeding or that he or she should have been able to slow down or change lanes to avoid a collision. If you were approaching another vehicle and its turn signal was blinking, it may have been reasonable to expect you to slow down. If you were speeding, you might be found partially at fault for the collision.

However, insurance companies constantly claim victims are at fault when that is not the case. It is important not to take the insurance company’s word about your role in the crash. It is better to discuss the situation with a licensed attorney.

Evidence for a Sideswipe Crash Claim

There are various pieces of evidence that may help prove fault for a sideswipe collision. For instance, you could include video footage of the crash, pictures of the damage to both vehicles and also the police report.

Credible witnesses may also help to strengthen your claim, especially if they observed one driver drift out of his or her lane. It is not a good idea to solely count on video footage. It would only be available if there was a security camera in the area or if one of the involved drivers had a dashboard camera.

The police report may indicate which driver is likely at fault for the collision. Police officers respond to a lot of crashes, and they may be able to get a good idea about fault by looking at the damage to both vehicles and talking to both drivers. Unfortunately, police reports will often simply reflect what each driver claimed at the crash scene.  “Driver 1 said driver 2 hit him.  Driver 2 says driver 1 hit her.”

What Should You Do After a Sideswipe Crash?

If you get into a sideswipe crash, you should contact the police immediately so they can investigate If it is safe to do so, you can get out of your car and exchange information with the other driver. If there are witnesses, be sure to get their contact information so the police officer can understand what really happened and your lawyer can contact them in the future. It is also useful to take pictures of the damaged vehicles and your injuries, but only if you can do so without putting yourself or others in harm’s way. Get immediate medical treatment for your injuries and contact a lawyer to discuss your options for seeking compensation.

It is important to remember your injuries could be more severe than you realize. You need to recover compensation for all your damages, and it is difficult to do that without an attorney’s help. Research has consistently shown that injured victims who hire attorneys often recover more compensation than those who do not.

Contact TSR Injury Law to Discuss Legal Options

If you were injured in a crash and suffered damages, we are prepared to help you recover the compensation you need for your damages. We know that no amount of money can erase what happened, but we also know it can be an important part of helping you move forward.

Insurance companies are looking for any way to deny or undervalue your claim. Our firm has a history of proven results, and we are prepared to seek maximum compensation on your behalf.

Give us a call today to learn more about our services. We do not charge any upfront fees and the initial consultation is free.

Contact TSR Injury Law today: (612) TSR-TIME.

Could an Old Crash You Were Involved in Affect Your Claim?

car with police accident reportWhen you get injured in a crash and seek compensation from an insurance company, they may look for ways to attack your credibility. They are looking for any reason they can use to deny or at least devalue your claim. They want to pay nothing or pay as little as possible for your damages.

One argument the insurance company may use to attack your credibility is that you are a reckless driver. For example, if they find out about an old collision you were involved in, particularly one where you were found to be at fault, they may use this against you. They may say you are at fault for the new crash because of what happened in the old crash.

If the insurance company is attempting to use your driving record against you, contact TSR Injury Law today. We are prepared to guide you through the legal process, with the goal of securing maximum compensation.

Our Minneapolis car accident attorneys have taken on many insurance companies over the years, in settlement negotiations and in court. We have secured more than $1 billion on behalf of our clients.

How Insurers Try to Use Old Crashes Against Victims

Below, we discuss a few of the arguments insurance companies may make related to your driving history or an old crash you were involved in. Despite how convincing these arguments might sound when made by the insurance company, they often do not hold up when victims are represented by an experienced lawyer.

Claiming You are a Reckless Driver

If you were involved in a crash in the past, the insurance company may claim this proves you are a reckless driver, especially if you were the one at fault for the collision. They may say you have a pattern of behavior, and this proves you are at fault for the most recent crash.

This amounts to an attack on your credibility. The insurance company may say you have been a dangerous driver in the past, so it is harder to believe you were not at fault for the recent crash. The insurance company’s argument may be stronger if the old crash is the same type of crash as the new one. For example, if both crashes are rear-end crashes.

This argument might be appealing to a jury. However, even if the case does not make it to trial, the victim might believe the insurance company. For some reason, crash victims often apologize for a crash, even if they were not at fault. Victims may assume insurance companies know what they are talking about.

The truth of the matter is that an old crash has zero bearing on a crash that happens later. Each car crash needs to be assessed on its own. You may have been at fault for an old crash, but that does not automatically mean you are at fault for the new one.

You also cannot trust what insurance companies tell you after a crash. They are looking for any way to deny or underpay your claim.

Claiming You Have a Preexisting Injury

Insurance companies routinely claim victims who are seeking compensation have a preexisting condition. They say you did not suffer an injury in the most recent crash but suffered one previously. If you were involved in a collision in the past, the insurance company may say this is the cause of the injury you are claiming after this latest crash.

What is important to remember is that having a preexisting injury does not preclude you from receiving compensation for a new injury. You may have been more likely to suffer a new injury because you were already injured.

Your lawyer can help you build a strong case for compensation for your new injury or even aggravation of an existing injury. Make sure to inform your doctors and your lawyer about the old injury and any worsening symptoms.

Claiming You Are Just Trying to Make Money

The underlying argument behind a lot of what insurance companies say to crash victims is that victims are not injured, or their injuries are not that serious. The insurance company may say you are just being greedy, and you are trying to get money for a non-existent injury, or you are trying to inflate the value of your claim when your injury is not severe. Insurers may be even more likely to make this argument if you suffered a soft-tissue injury, such as whiplash – insurance companies routinely downplay the severity of soft-tissue injuries.

Insurers may say the fact you have filed other claims indicates you are always looking for a way to make money.

Call TSR Injury Law

Have questions about the legal process or the value of your claim?

Call today to learn if you may have a valid case. You can schedule an initial consultation with an experienced attorney at no charge. If we find you have a case and you decide to hire our firm, there are no upfront fees or costs for you to pay.

Call TSR Injury Law. We are ready to help you. (612) TSR-TIME