UNDERSTANDING THE TREATMENT PHASE OF A PERSONAL INJURY CASE
If you’ve been injured in a car accident, slip and fall, or another serious incident, the treatment phase is one of the most important parts of your personal injury case. This is the stage where you focus on healing — and where the medical decisions you make can have a major impact on both your recovery and the outcome of your claim.
Many injury victims have questions during this phase. How soon should you see a doctor? What if you don’t feel hurt right away? What if treatment is expensive? What if the insurance company starts questioning your injuries?
Below is a clear breakdown of what the treatment phase means, what insurance companies look for, and what you should keep in mind as you move through this stage of your case.
Why Getting Medical Care Right Away Matters
One of the biggest issues in personal injury cases is the timing of treatment. Insurance companies often assume that if someone was truly injured, they would seek medical care quickly.
When treatment is delayed — even for understandable reasons — insurance companies may try to argue that:
You were not seriously injured
Your symptoms weren’t significant
Something else caused the pain later
In Utah, many people are conservative when it comes to medical care. Some try to “tough it out” and hope symptoms go away. Others don’t want to deal with doctors, bills, or appointments.
Unfortunately, delaying care usually doesn’t help. Getting evaluated early is important for two reasons:
to protect your health, and 2) to document your injury properly.
Choosing the Right Medical Providers
One of the most important decisions you’ll make during the treatment phase is which providers you see and where you seek treatment.
Different injuries require different specialists. No single provider is right for every injury.
For example:
Chiropractic care can be helpful for neck and back strain or whiplash
Orthopedic specialists are often needed for shoulder, knee, hip, or joint injuries
Foot and ankle injuries may require a podiatrist or specialist
Physical therapy can help restore strength, mobility, and function
The most important thing is that you are seeing the right type of medical professional for the injuries you actually have. If your symptoms don’t match the treatment you’re receiving, it may be time to ask questions.
When to Consider Imaging or a Second Opinion
If you are treating with one provider and you are not improving at the rate you expected, you may want to consider a second opinion.
This does not mean your provider is doing anything wrong — but you should feel confident that you are being properly diagnosed and that your care plan makes sense.
Sometimes additional imaging is also necessary. For example:
X-rays can help identify fractures or structural issues
MRIs are often needed for soft tissue injuries, disc issues, and internal joint damage
A common example is neck pain. In many cases, an MRI is the only way to fully understand what is happening.
These medical decisions matter for your healing — but they also affect how your case is documented and evaluated later.
Why Consistent Treatment Is So Important
Insurance companies don’t just look at whether you treated — they look at how consistently you treated.
If you stop treatment for a period of time, insurance companies often call this a gap in treatment. A gap can make it look like:
You healed and didn’t need care anymore
Your symptoms resolved
Your injuries were not serious
A new event caused your pain later
Insurance companies may even try to argue that something else happened after the accident — and that your current pain is unrelated.
This does not mean you should get medical care you don’t need. But it does mean that if you are still hurting, you should follow the treatment plan and remain consistent.
How Medical Bills Are Paid During the Treatment Phase
A common question during this phase is: How do I pay for treatment while my case is still open?
In most cases, the at-fault insurance company pays only once — at the end of the claim. That means medical care usually has to be handled during the case using other tools.
PIP / MedPay
In Utah, car insurance policies include PIP (Personal Injury Protection). PIP pays for medical treatment after a crash regardless of fault.
Utah requires at least $3,000 in PIP coverage, and this is usually the first source used for medical bills.
Health Insurance
Once PIP runs out, health insurance may begin paying again. Health insurance often initially denies auto-related bills until PIP is exhausted, but it typically turns back on once the proper order is followed.
That said, many people still face deductibles, copays, or limited coverage.
Attorney Liens
If health insurance is not available — or if out-of-pocket costs are too high — another option may be an attorney lien.
An attorney lien is an agreement between:
you as the patient,
your attorney, and
the medical provider.
It allows you to receive treatment without paying at each visit. The provider agrees to wait and be paid out of the settlement at the end of the case.
This is one of the most important tools available to help injury victims get the care they need without being forced to stop treatment due to cost.
Be Honest With Your Doctors
Your medical care can only be as good as the information your providers receive.
It is important to be honest and clear about your symptoms. If something hurts, say so. If pain changes, mention it. If you have multiple injuries, make sure your provider knows.
For example, if you’ve been treating for neck pain for months but your knee has also been hurting and you never mention it, the provider can’t treat it — and may never refer you to the specialist you need.
Clear communication improves your care and strengthens the documentation of your injuries.
Stay in Contact With Your Attorney During Treatment
Another issue that can create problems later is when clients stop communicating with their legal team.
If your attorney’s office doesn’t know:
you switched providers
you moved
you had an MRI
you were recommended for injections or surgery
you stopped treating
…it can delay your case and make it harder to present your claim properly.
Your legal team wants to stay updated so they can guide you and protect your case as your treatment progresses.
Common Mistakes That Can Hurt Your Case
During the treatment phase, there are a few mistakes that insurance companies often use against injury victims.
Missing Appointments
Missing an appointment isn’t the end of the world, but it can slow your healing and look bad on paper. It can also create problems with providers who agreed to see you on a lien.
Stopping Treatment Too Soon
Stopping early can make it look like you healed — even if you didn’t. It can also lead to long-term issues if injuries never fully resolve.
Ignoring Future Treatment Recommendations
If a specialist recommends a procedure, injection, or future treatment, you don’t have to do it — but you should understand the options. If you’re unsure, ask questions, consider a second opinion, and keep your attorney informed.
Speak With a Personal Injury Lawyer
The treatment phase is about more than building a case — it’s about getting you healed properly and protecting you from insurance tactics that can reduce your claim.
At McMullin Injury Law, we help injury victims throughout St. George, Cedar City, and Southern Utah understand the injury claim process, get the care they need, and avoid common mistakes that can hurt the outcome of their case.