Legal Question in Personal Injury in Utah

Injured and unable to participate in physical therapy

I was a passenger in a rearend accident, I was sent to the hospital by ambulance in a neck brace and backboard, I was there at the hospital emergency room for about 8 hrs, my PIP did not even cover this visit. I have degenerative bone disease in my hips and lower back, my doctor advises that I refrain from physical therapy due to this condition. The insurance company said that since I did not go through PT that I don't have a case for pain and suffering is this true?


Asked on 3/27/02, 11:47 am

2 Answers from Attorneys

Glen Neeley Glen W. Neeley, Attorney at Law, P.C.

Re: Injured and unable to participate in physical therapy

It depends. You have to incur atleast $3K in medical bills. You do not have a case unless you get over the $3k threshhold. Get a second opinion from another doctor on the PT.

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Answered on 3/27/02, 1:36 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Injured and unable to participate in physical therapy

Under Utah law you must incur at least $3000 in medical expenses to qualify for pain and suffering. Thank your government for understanding. However, if your doctor will provide a statement that your bone disease was aggravated by the accident and that the medical care arising from the aggravation will cost you more than $3000 in future medical expenses, you may be able to recover.

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Answered on 3/27/02, 2:48 pm


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