Dealing with insurance companies
The California Insurance Code identifies sixteen claims settlement
practices which, when either knowingly committed on a single occasion or
performed with such frequency as to indicate a general business
practice, are considered to be unfair claims settlement practices and
are therefore prohibited by Title 10, Chapter 5 Subchapter 7.5 of the
California Insurance Code. These are known as the unfair claims
settlement practices regulations. It is important that the attorney you
retain is familiar with these sections so as to provide the best
available representation when dealing with insurance carriers.
The general inclination is to perceive chronic pain, without identifiable diagnostic explanatory pathology, as potential malingering. However, injuries with lasting pain create emotional distress characterized primarily in the form of depression. Depression is indicative of the fact that the Plaintiff is not voluntarily consciously malingering, but in fact is experiencing real pain which is having a major impact on the individuals life. The Plaintiff begins to feel hopeless and helpless when they learn that they have no control over their symptoms, and that the potential of a poor prognosis in terms of available medical treatment for the pain exists.
It is very common for an individual suffering from chronic pain syndrome to experience marital and family difficulties. Family members will experience emotional upset over the original injury. Thereafter, as the symptoms continue, financial difficulties may arise which creates discord in the family unity and harmony. This can continue to be disruptive to the family unit and create agitation. As the chronic pain continues, family activities are abandoned due to the pain.
For these reasons, it is important to obtain an attorney who is familiar with the medical field and has knowledge of the impact of soft tissue injuries and the subsequent affect of chronic pain syndrome. The successful treatment of chronic pain requires team work among the patient, doctor, family members, and attorney. Through cooperation of all parties, the Plaintiff can begin to establish an attitude of trust and understanding that will assist in the recuperation process, which is the most important aspect of any claim.
We have working relationships with medical professionals in all fields and can provide referrals on lien basis to make certain that you obtain the best care available at no up front cost. Physicians fees may be paid upon settlement out of the proceeds of your claim so that you can obtain the care you need without the worry of medical expense.