How a Gap in Treatment Might Affect Your Injury Claim

What is a “gap in treatment?”

If you have ever tried settling a personal injury claim on your own you may have come across the term, “gap in treatment.” This term is used by the insurance company as an attempt to reduce your settlement. A “gap in treatment” refers to a prolonged period between your dates of treatment. For example, if you went to the hospital the day of the accident but then did not seek medical treatment for the two months immediately afterward, the insurance company calls that a “gap in treatment.”

The reasoning behind the insurance company reducing your settlement amount for gaps in treatment stems from the idea that if you do not treat then your injuries may not be as severe as you claim. This is a fallacy that could have many more reasonable explanations; however, the insurance company chooses to view it in the worst light possible. For that reason, it is very important for you to keep up with your appointments and avoid going more than a month without documented treatment.

How do I document my lost wages to the insurance company?

Lost wages are recoverable and can be a substantial portion of a personal injury settlement. To properly document lost wages to the adjuster it is important to keep in mind that it will not be sufficient to simply give them your word that you missed work. You will need your employer to provide formal verification of your absence as it relates to your injuries.

It is also extremely important to have a doctor verify that your absence was a direct result of your injuries and that it was reasonable for you to be out of work given your job duties and physical requirements. Another thing to consider is that not just any “doctor” will do. For instance, many insurance companies will not accept a chiropractor’s work note writing you out of work. These insurance companies usually require a doctor of medicine or an MD to write your out-of-work notes.

About the Author

Attorney Gabriel Snyder is a NC licensed attorney at Ward Black Law where he represents people in North Carolina who have been injured in car wrecks or hurt at work. Gabe earned his undergraduate degree from Campbell University and his law degree from Campbell School of Law. He received the Millie Wiggins Scholarship and the Howard Memorial Christian Citizenship Award during his time at Campbell Law. He was named by the National Trial Lawyers as “Top 40 Under 40” attorneys in North Carolina.

Snyder met his wife, Audrey, during undergraduate school at Campbell and then they attended Campbell Law together. After they were married, they returned to Gabe’s hometown of Greensboro to pursue their legal careers.

After graduating law school, Gabe Snyder joined Snyder Law where he worked alongside his father, Barry Snyder, practicing personal injury, family and criminal law. Now Gabe and Audrey Snyder are a husband and wife team of lawyers, both practicing at Ward Black Law.