Can I Choose My Own Doctor for Personal Injury Treatment?
If you’ve been injured in an accident—whether it was a car crash, slip and fall, or workplace incident—your health is the top priority. But as medical bills pile up and insurance companies get involved, a common question arises:
Can I choose my own doctor for personal injury treatment?
The short answer is: it depends on the type of case and how your treatment is being paid for. Let’s break it down.
1. If You’re Paying Out-of-Pocket or Using Health Insurance
Yes, absolutely—you can choose your own doctor.
If you’re using your private health insurance or paying out-of-pocket for treatment after an injury, you’re free to see any doctor who accepts your plan or payment. Many people feel more comfortable with their family physician or a provider they know and trust.
However, keep in mind:
- Not all doctors are familiar with documenting injuries for legal purposes.
- If you later seek reimbursement through a personal injury claim, documentation and expert opinions from your provider will be critical.
2. If You’re Filing a Personal Injury Claim Against Someone Else (Third-Party Claim)
You generally have the right to choose your doctor, especially if you’re working with a personal injury attorney.
In these cases:
- You can choose your own doctor, ideally one with experience treating accident victims.
- Your attorney may recommend a provider who knows how to document injuries for legal claims and is willing to work on a “lien” basis—meaning payment is deferred until your case settles.
Tip: Choosing the right doctor is crucial not just for your health, but also for your case. You need someone who understands how to thoroughly document injuries, provide clear diagnoses, and testify if needed.
3. If the Injury Happened at Work (Workers’ Compensation Claim)
This is where things change.
In workers’ compensation cases, your choice of doctor may be limited by state laws and your employer’s insurance policy.
- Many states require you to see a doctor chosen or approved by the employer or their insurance carrier, at least initially.
- Some states allow you to switch doctors after a certain period or get a second opinion, but you may need approval.
Failing to follow the rules could jeopardize your benefits, so always check with your employer or a workers’ comp attorney before switching providers.
4. What If the Insurance Company Wants You to See Their Doctor?
In third-party personal injury claims, insurance companies sometimes request an Independent Medical Examination (IME) with a doctor they choose. These doctors are often hired to give a second opinion—especially if the insurance company disputes your injuries.
You can’t refuse an IME if it’s legally requested, but:
- You should not replace your treating doctor with the insurance company’s doctor.
- An IME is not for treatment, only evaluation.
5. Final Thoughts: Who You See Can Affect Your Case
While your priority should always be getting the best care, who you choose to treat your injury can also impact your personal injury case. A qualified provider:
- Accurately diagnoses and treats your injuries
- Keeps detailed records
- Communicates effectively with your attorney
- Can provide credible testimony, if needed
In summary:
- Yes, you can usually choose your own doctor—especially in third-party personal injury claims.
- Workers’ comp cases have more restrictions, so be careful.
- Choose a doctor who’s experienced with personal injury cases whenever possible.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
