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Can a Surgery Recommendation Affect a Settlement Offer?

Posted on behalf of Arnold Law Firm in

surgery equipementA doctor’s recommendation for surgery is evidence of the severity of the victim’s injuries and may create a strong argument for why the victim deserves compensation. The need for surgery is a common reason for insurers to offer the full amount of liability coverage in a settlement.

What Types of Injuries Tend to Require Surgery?

While every injury victim is unique, certain injuries resulting from motor vehicle accidents are more likely to require surgery, such as:

  • Head injuries
  • Brain injuries
  • Torn ligaments
  • Spinal cord injuries
  • Internal organ injuries
  • Broken or fractured bones

The severity of an accident injury can be difficult to assess, making it important to seek medical treatment after an accident so a doctor may diagnose your injuries and provide the proper care.

Will My Claim Be Worth More?

A surgical recommendation may increase the value of your claim, because surgery may be more expensive than other types of treatment. Also, the time needed to recover from surgery could impact your claim, since you may need to take additional days off of work, increasing the total amount of lost wages.

However, it is important to remember that surgery is a serious decision that should only be considered if it is the best medical option for your situation. Don’t attempt to push for surgery with the intent to increase the value of your claim. Rely on your doctor’s expertise.

Consider hiring an experienced attorney to represent you. They can evaluate your situation to determine the full value of your claim, including the cost of surgery or other medical treatments you need to recover. If your doctor recommends surgery, and your attorney proves the injury is linked to the accident, the cost should be covered in your claim.

When Can Surgery Reduce the Value of a Claim?

There are some circumstances in which the value of an injury claim may be diminished after surgery, such as when a victim’s injuries are completely healed post-surgery and, therefore, there is no foundation for claiming future pain and suffering. However, there may still be an opportunity to sue for past pain and suffering if the surgery did not happen immediately or did not bring immediate relief.

Call an Experienced Attorney Today

If you have suffered an injury that requires surgery or have had surgery due to an injury caused by the negligence of another, you should speak to a Sacramento personal injury attorney as soon as possible to learn about the value of your claim.

Our attorneys have successfully recovered millions of dollars on behalf of injury victims and we are prepared to help you recover compensation for your medical expenses, lost wages, and other damages as well.

We do not charge you anything up front or while we work on your case. We only get paid if we recover compensation on your behalf.  

Call us today at (916) 777-7777 to schedule your free consultation.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.