There are many factors that determine the overall value of a crash victim’s claim. Sometimes surgeries and other costly treatments can increase a claim’s value. However, there are other circumstances where having surgery could actually reduce the value of your claim.
At Greg Coleman Law, we guide you throughout the legal process to help you avoid mistakes that could hurt your claim. Our knowledgeable automobile crash attorneys in Knoxville have been helping injured victims for decades. Call to schedule a free consultation today to learn if you have a claim and how we may be able to help.
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Could Surgery Increase the Value of My Car Crash Claim?
If your treating physician has recommended surgery to aid in the ongoing recovery of your injuries, doing so may increase the value of your claim. The reason for this is that surgeries are expensive, so these costs need to be factored in as part of your settlement. You do not want to end up paying for costs that were caused by another person’s negligence.
There are many types of car crash injuries that necessitate surgery to get you as close to your pre-accident health as possible. Common injuries that may require surgery include:
- Fractures: Surgery may especially be needed when there are multiple bones broken or the victim has one or more compound fractures. Sometimes injury victims may need pins, metal plates or other supportive devices surgically inserted to help support and strengthen where a fracture occurred.
- Traumatic brain injuries (TBIs): Head injuries can be serious or life-threatening. If a victim has brain swelling or intracranial bleeding, surgery may be a necessary and life-saving procedure.
- Soft-tissue injuries: While some soft-tissue injuries are more minor, others, such as those involving torn ligaments, may need surgical repair.
- Internal organ damage: Organ injuries are very common in car crashes. Surgery may be necessary if a crash victim needs repair to an organ, such as for a punctured lung or ruptured spleen.
- Spinal cord damage: Sometimes surgery will only improve a victim’s outcome, rather than completely heal it. However, even if a victim suffers paralysis from a spinal cord injury, surgery can help reduce long-term chronic pain and further damage to the spine.
Surgery May Sometimes Reduce the Value of Your Claim
There are many factors that can impact the treatment you receive and how it impacts the value of your claim. The important thing to remember is that your doctor will recommend what he or she believes is medically necessary for your optimal recovery. Your attorney will advise you on the legal aspect.
Here are some situations when getting surgery could reduce the value of your claim:
- You get surgery and recovery quickly. Though you may retain some pain, you will not need future care for this injury.
- The cost of the surgery exceeds the total limits of the available insurance, which means the rest of the costs fall to you
- Your physician did not deem the surgery to be medically necessary, so the insurance company denied payment for it
This is one very good reason why discussing your doctor’s recommendations with your attorney may benefit you. For example, in the first scenario, where you recover quickly from surgery, you may be able to seek additional compensation for your pain and suffering.
Surgery always carries certain risks, even when it is deemed medically necessary. If having surgery is not necessary and will not aid in your recovery, it is better to look for an alternative treatment that will.
Need Legal Help After a Car Crash? Our Law Firm is Prepared to Help
Working with your treating physician to get the medical care you need to help you to achieve an optimal recovery is important. However, hiring a licensed and experienced attorney to manage the overall legal picture can also help. An attorney will view the entire process and how to protect your best interests. This could include developing a strategic approach to help you get fully compensated for your damages.
At Greg Coleman Law, we have extensive experience and proven results. Our firm has recovered millions in compensation for our clients.
If you have been injured in a crash caused by another’s negligence, call today to set up a free consultation with one of our qualified attorneys. There is no legal obligation to hire our services after this meeting, even if we validate your claim. If we represent you, there are also no upfront costs for us to get started on your claim. In fact, we do not collect any payment unless we win your case.
FREE Case Review. (865) 247-0080