Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

Auto Accident Blog

Mind The Gap

Wednesday, February 20, 2019

A few years ago, I had a client who fell down some steps at his apartment complex and injured his back. The cleaning company had just mopped the floor, but had not gotten around to putting up the wet floor signs yet. He began treating for his back, but then found himself in jail. The client received medical care for his back while in jail, and was released after approximately 2 months. I don't do criminal work, and I don't recall the details of his incarceration, except that it was for something minor. The client completed his care after his release and I was posed with a difficult question. When sending my demand to the cleaning company's insurance company, should I submit the medical records from the jail, or should I allow them to believe there was a gap in treatment?

Insurance adjustors aren't original, we know what defenses they will raise and what they are going to say. If you're injured in a car accident, the insurance adjustor will tell you that you treated too long, that your medical bills are too high, that the injuries you did not have 5 minutes before your car crash are somehow not related to the crash, and if there is a gap in treatment, you clearly were 100% better. In the world of insurance adjusting, there is nothing worse for a plaintiff than a gap in treatment.

So the question is, what constitutes a gap? Generally, it is span of time during active physical therapy or chiropractic care, where you miss appointments or don't seek treatment. It doesn't matter to the insurance company if you had to go out of town for work, if you had a death in the family, if there was snow, or if the provider was booked. If you miss appointments, they will tell you that the only possible conclusion is that you didn't need any more care, and that you are all better. Some benevolent adjustors will consider the circumstances of a gap if it is documented in the medical records, but they are few and far between.

For my client that fell down the wet stairs, it was better that the adjustor heard that my client was in jail than for her to think there was a gap. I was able to negotiate a fair settlement for the client.

Recent Posts


Tags


Archive

RSS

What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.


"One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism."

Heather P.


"Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case."

Jaclyn K.


"I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner."

Leo H.


"I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used."

Martin


"I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold."

Mike F.


"These guys go above and beyond! They always have your best interest in mind."

Mike W.


"I would like to express my thanks to Amanda Knott and Gretchen Rogers for their patience with me through my ordeal with my workers comp claim. I was impressed from the very beginning when I spoke with G. Rogers on the phone and although she did not have to, she met with me personally and walked me through the steps of what to expect in this process."

Mr Sagal


"You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful."

Nancy F.


"Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case."

Navdeep C.


"I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need. "

Rick H.


"The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed."

Tim T.


"I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!"

Val K.


Locations Throughout Maryland, Virginia & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352
Fax: 301-670-9492

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352
Fax: 410-769-9200

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667
Fax: 301-668-2000

Subscribe To Our Newsletter


TOP