Nearly everyone who has been injured can bring a personal injury claim against the party whom they think is responsible, in part or in full, for the injury. There’s a damage award that’s considered which includes a variety of expenses including medical and medical related expenses. Chiropractic treatment is a common type of medical treatment for certain types of injuries. Chiropractic treatment is common with sudden impact injuries or car accident injuries.
This article will cover the topic of chiropractic treatment and which chiropractic treatments can be covered and which chiropractic expenses can be covered in a personal injury claim.
Proving the Necessity of Chiropractic Treatment
The liable party must usually pay all of the injured person’s reasonably necessary medical expenses in relation to the accident in which the defendant is shown to be liable. The injured person, also known as the plaintiff in the legal system, will submit all medical and therapeutic bills incurred as a result of the injury.
Simply receiving treatment is not enough to assume that the treatment is necessary. It does happen where individuals receive treatments when they don’t really need them. So submitting chiropractic treatment expenses in the personal injury claim does not assume the treatments were necessary and that coverage or payment will be made.
It’s necessary for the plaintiff to provide the treating chiropractors records as well. In the records, the specific symptoms should be outlined as well as the treatment provided and the cost of each treatment provided. This must all be clearly laid out in the treating chiropractor’s records and billing. Any information provided that is vague and inconclusive, or overall unclear, could mean that the payment for the treatments from the personal injury claim may be denied and considered “not reasonably necessary.”
Sometimes the necessity and cost of treatments in contested by the defendant or the insurance company covering the personal injury claim for the defendant. If this is the case, it may become necessary for the injured person (plaintiff) to hire an expert to testify that the chiropractic treatment they received was a necessary and crucial part to treating the injuries sustain. The defendant’s legal team can hire another expert to testify the opposite.
Regardless of whether expert witnesses are involved, it’s the jury that ultimately will determine if the plaintiff’s chiropractic treatments were necessary. Sometimes, a judge can override the decision of a jury if the judge determines that the decision of the jury doesn’t make sense considering the evidence presented. This can go in favor of the plaintiff or not in favor of the plaintiff, depending on the skills of the injury lawyer in Calgary.
Chiropractic Treatment Expenses
Perhaps it might seem odd that a plaintiff may seek compensation for the expenses of chiropractic treatment. And this may be the case if the chiropractic treatment was an occasional visit to the chiropractor. However, it’s possible for chiropractic treatments to get very expensive, especially if treatments are done over an extended period of time. When determining if the cost of the chiropractic treatment should be covered in a personal injury claim, the jury may decide that some of the treatment was necessary and request that the plaintiff pay a part of the total costs of treatment.