The Problem with Gaps in Treatment

The Problem with Gaps in Treatment

When you are injured in a car accident or other unexpected way, it can be difficult to adjust to all the new appointments in your calendar. From follow up physician appointments to x-rays, MRIs to outpatient therapy sessions, your unexpected injury has suddenly taken over a majority of your life. Unfortunately, some people who were unexpectedly injured begin to feel frustrated, overwhelmed, and downright tired of the appointments and sessions that they simply stop going. This “gap in treatment” or full cessation of treatment can not only harm the person’s body but can also negatively affect insurance payment or other compensation.

Why Gaps in Treatment Happen

When someone is hurt in a car accident, they may feel fine initially. Thanks to our body’s response system, endorphins and other chemicals released by the brain when we are hurt or injured can mask pain. There can also be a sense of pride, with people feeling embarrassed to get checked out by emergency responder after a vehicle accident or other unexpected injury. However, once those endorphins go away, pain can quickly arise.

For many people who were injured in a vehicle crash, pain can arrive three to seven days after the injury and continue for weeks, months, or years. Unfortunately, the longer the person goes without seeking medical treatment, the harder it can be to prove the accident was the cause of the injury or condition.

Gaps in treatment can also happen when a patient gets tired of all the follow-up appointments, especially if they feel no relief. In these cases, the patient ends up suffering from chronic pain due to unresolved complications or an incorrect diagnosis. Similarly to someone who doesn’t seek medical treatment immediately, it becomes more difficult to hold the insurance company accountable for injuries when there are lapses in treatment.

What You Should Do

If you are injured in a vehicle accident or other situation, seek medical treatment immediately. Don’t delay. Keep a journal with your symptoms or concerns. Return to your physician as directed and follow discharge instructions. Finally, call the team at MacCloskey Kesler & Associates. We can help you feel less overwhelmed with the process and assure you are getting the compensation you deserve.

Who Pays My Bills While I Am Injured?

Who Pays My Bills While I Am Injured?

For decades, the team at MacCloskey Keser & Associates has been working side-by-side with clients living with injuries caused by other people or entities. We are proud of our work and have the success stories to prove we can advocate for our clients better than any other local or nationwide law firm. However, one of the things are most proud of here is our commitment to building a relationship of trust with every client we serve. We are here to be your lawyer, but we are also here to be your guide through a confusing and emotional time.

When we work with clients, we work to ease their anxieties and calm their fears. For most of our clients, financial concerns are at the top of their list. They are injured and sometimes unable to work, but medical bills and household bills continue to arrive in the mailbox. It is stressful for the person and for their family members. Fortunately, there are some ways you can receive compensation for your bills while your case is being investigated and litigated.

Your Medical Insurance

If you have medical insurance, we will work with you to assure you are receiving compensation through it. Medical insurance works on a reduced payment, but that does not affect the amount you could be rewarded in court. For example, your Blue Cross Blue Shield bill may be for $4,000 but the services could actually total $10,000. You are entitled to the $10,000 dollar amount and not the reduced fee.

Your Medical Payment Provision

Most people carry auto insurance that has a Medical Payment Provision. While the auto accident that injured you may not be your fault, this payment method will help to pay deductibles and tie you over while your claim is being investigated.

Let Us Help

We have other ways to help you stay above water while you are waiting for your insurance compensation. It is important that you enlist our assistance as soon as possible, as insurance companies are more likely to give you a reduced claim amount if you are not working with an attorney. One thing is certain: when you work with us, you are more likely to receive more money in compensation for your accident or incident.

Call us today to tell us more about your situation and your concerns. We are here to help and ready to serve you.

Trampoline Injuries

Trampoline Injuries


These days, many backyards are equipped with structures to encourage family fun. Swing sets, sandboxes and tire swings can keep kiddos busy when the weather is nice enough to play. However, these backyard additions can also pose the potential for injuries. One of the biggest culprits of backyard injuries? Trampolines.

While trampolines are a great way for kids to bounce, exercise, and burn some energy, roughhousing and catching a double bounce can make the trampoline a dangerous place. The Mayo Clinic reports that childhood injuries for kids can include sprains and breaks, as well as neck or head injuries. If you have a trampoline at home, or if you will be visiting a home that has a trampoline, you should take care to protect yourself and others.

Set Limits
As with most childhood experiences, it is up to the parents to set appropriate limits and rules to keep everyone safe. Don’t allow bigger kids to be in the trampoline with smaller kids, as their weight difference can be especially dangerous. Don’t allow flips or other tricks on the trampoline and encourage only one person to be on the trampoline at a time. Finally, keep a close eye on kids when they are in the trampoline.

Keep the Structure Safe
Trampolines should never be on a hill or uneven surface. Instead, put the trampoline on a flat area of the yard. Next, assure the trampoline has a safety net appropriately installed on the perimeter of the trampoline. Cover springs with pads as well to keep fingers, toes, and feet safe.

In Case of Injury
Taking precautions does not eliminate the chance of injury. If someone is injured on the trampoline, follow first aid recommendations. For an ankle sprain or injury, use ice on the area and follow up with a doctor if the swelling does not go down. For potential head or neck injuries, do not move the person. Instead, call 911.

If you have a trampoline in your backyard, it is your responsibility to let your home insurance company know. Their coverage will be able to cover costs for any injury sustained on your property. If you are injured on someone else’s trampoline, keep all medical bills and work with their insurance company to file a claim.

Working with a reputable and experienced attorney can be beneficial if you, or someone you love, have been injured due to a trampoline. The team at MacCloskey Kesler and Associates are ready to advocate for your needs and assure you get a fair outcome. Give us a call to talk more about your options today.

When a Member of Your Family Is Injured

When a Member of Your Family Is Injured

Your family is important to you, and when someone you love isn’t feeling quite like themselves, it can make you feel anxious or helpless. If your loved one has been injured recently, or if they are still living with long-lasting effects from a past injury, you can feel anxious and helpless as well. However, injuries are especially hard as they are often unexpected and can have serious financial burden tied to them.

Keeping Your Loved One on the Road to Recovery
When your loved one has been injured, the first step is to get them the medical treatment they need to be healthy and well. Some injuries require an emergency room visit, a few days to rest, and some work restrictions. Other more serious injuries could require hospital stays, surgeries, and a significant pain management plan over the course of weeks, months, or years. It can all feel overwhelming for the injured person and for their immediate family. In order to give your loved one the best chance at recovery, be sure you are keeping track of their medical appointments and follow up appointments.

Keeping Yourself Comfortable
Becoming a caregiver for a loved one living with an injury can be a recipe for burnout and exhaustion. In order to keep yourself healthy, be sure you are enlisting the help of other family members and trusted friends. Learning to ask for help can feel difficult, but you need the reinforcements to keep yourself and your loved one healthy. Ask a friend to pick up your child after school or go on a quick grocery run for you, or ask a family member to take your loved one to his next doctor appointment so that you can squeeze in some extra work time. People are willing to assist you, but you have to tell them what you need help with.

Finally, the insurance paperwork and tasks for an injury claim can feel overwhelming. However, those medical bills keep arriving in your mailbox and giving you additional anxiety about your financial future. Keep calm and enlist the help of the team at MacCloskey Kesler and Associates. We have decades of experience working with clients who have endured an injury.

Our goal is to help the family member and client spend their time and energy focused on feeling better; we take care of assuring the compensation is there and is the best outcome possible. Give us a call today to tell us more about your situation.

What is Traumatic Brain Injury?

What is Traumatic Brain Injury?

Injuries can happen to anyone, even those who are relatively careful and prepared. A slip, trip, or fall can have devastating consequences. One major injury that can happen in an accident, collision, or even while playing a sport, is a Traumatic Brain Injury, or TBI. Traumatic Brain Injuries are more common than you may think, with the Centers for Disease Controlreporting nearly 2.8 million emergency room visits due to TBIs annually. Traumatic Brain Injuries can vary in severity, which can make some injuries more difficult to treat.

What is a Traumatic Brain Injury?
Traumatic Brain Injury is a term that describes an injury due to a bump, blow, or jolt to the head. Mild Traumatic Brain Injuries are more commonly known as concussions. Even though concussions can be mild, the injury should still be monitored and followed closely.

How Can You Get a Traumatic Brain Injury?
TBIs can happen in a variety of ways. For example, getting hit with a baseball while fielding during a game could cause a TBI, as well as hitting the steering wheel with your head during a vehicle accident. Traumatic Brain Injuries can happen at work as well as at play, and can be deadly.

How Can I Stay Safe?
While some Traumatic Brain Injuries are completely accidental, you can take proactive steps to protect your head. For example, wear a helmet when riding a bicycle, motorcycle, or scooter. Wear all safety gear required for the task you are performing at work, and don’t skip safety steps.

What if I Have a Traumatic Brain Injury?
If you, or a loved one, have had a blow to the head, early treatment is key. While more serious injuries will certainly lead you to the emergency room right away, other more mild injuries can be more sneaky, creeping on slowly which can lead to delayed treatment. It is better to be safe than sorry, especially if the injured person seems confused, extra tired, or complains of changes to vision.

If you have been injured at work, follow your workplace’s policy for paperwork and follow up treatments. However, it is still wise to consult with an experienced attorney at MacCloskey Kesler and Associatesto assure you won’t have to worry about the ins and outs of insurance compensation while trying to actively recover from your trauma.

We are committed to working with anyone who has been injured, and forming a relationship with them while advocating for their best interests. Give us a call to get started today.

What Is Split Limit Insurance Coverage?

What Is Split Limit Insurance Coverage?

Recently, some car insurance companies have been mentioning “split limit” coverage in their TV ads.  This is nothing new.
Split limits refer to separate liability limits for each person injured in an accident, each occurrence, and for property damage caused in that accident.  Property damage coverage is just that, the amount of coverage you have for property damage you may cause.  If your property damage isn’t sufficient you may be left owing the other diver money.
The liability limits for bodily injury are much more problematic.  A typical insurance policy provides 100/300 coverage, but it can be lower or higher.  This means that you have coverage up to $100,000 per person injured, and $300,000 for all people injured in the occurrence.
This may sound like a lot of coverage, but it is relatively easy to incur medical bills for initial treatment far in excess of $100,000 for a serious injury.  If you are liable for injuring someone, and have $100,000 per person coverage, any amount more than that awarded by a jury would be your responsibility to pay.
The “per occurrence” limit is just that, the amount of coverage your insurance company provides to compensate all people who are injured in an occurrence.  So if you injure one person in a car accident, and fair compensation to her would be $100,000, this coverage would be sufficient.  If there are 3 people injured, each one would have available compensation of $100,000 (so $300,000 total).  The problem is if there are more than 3 injured, there is only $300,000 available to pay them all.  If fair compensation to each one is $100,000, you may be left without complete coverage and be responsible for any additional amounts.
If you are the one hurt, you have no control over how much coverage the other driver has to compensate you.  But if the other driver has insufficient coverage, you can look to your own “Underinsured Motorist” coverage to make up the difference.  Most insurance policies provide the same amount of underinsured (UIM) coverage as you have in liability coverage.  So if your coverage is 100/300, you’d have up to $100,000 to compensate you if the other driver has less than that.
But if your injuries are truly significant, $100,000 may not even pay your medical bills.  That’s why we encourage people to buy as much coverage as they can afford, and to actually talk to an insurance company agent to get the proper amount of coverage for your particular needs.  You need this insurance to cover you in a worst case scenario situation.  Additionally, you’d be surprised how inexpensive this extra coverage can be.
Liability limits in policies come in many sizes, for instance 25/50, 50/100, 100/300, 250/500 and even higher.  You want to make sure that you carry enough so if you are injured, you’ll be covered.  If you can’t work for 6 months, how much would you need to make to pay your bills?  These are all issues you should think about when buying the proper amount of coverage for you and your family.
And remember, if you’ve been seriously injured in a car accident, call MacCloskeyKesler & Associates at 815-965-2000.  We can explain everything to you.  Put our many years of experience to work for you.

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