Will Surgery Change My Personal Injury Settlement Amount?

01/22/2024

The impact of surgery on a personal injury settlement can vary and depends on several factors, including current and future medical expenses, the impact on your quality of life, and insurance policies and constraints. If you've been injured in an accident, it's critical to speak with an attorney at an established personal injury law firm in California. Whether you need surgery right away or sometime in the future depends on your medical needs, but consulting with a California personal injury attorney will maximize your chances of receiving fair and just compensation for your loss.

In this article, we'll shed some light on this topic to help you understand the financial implications of a surgery after car accident settlement or lawsuit. In addition, we'll provide answers to frequently asked questions, such as:

  • Will surgery change my settlement?
  • Can I settle my case before surgery?
  • Does physical therapy increase settlement?
  • What are average personal injury settlement estimates?

Let's dive in and begin our discussion with medical expenses and the role of personal injury attorneys when faced with the challenges of dealing with insurance companies while trying to schedule your surgery.

Personal Injury Surgery Estimates

Current and Future Medical Expenses

If you undergo surgery, your medical expenses are likely to be higher than if you had pursued non-surgical treatment. The increased medical costs can contribute to a higher overall settlement amount. But keep in mind, in personal injury cases, damages are not only based on economic losses like medical bills but also on non-economic factors like pain and suffering. Furthermore, if the surgery is expected to result in ongoing medical treatment, rehabilitation, physical therapy, or additional surgeries, these future medical costs may be factored into the settlement amount.

In cases where the injured party will require long-term medical care, a life care plan may be developed. This plan outlines the anticipated medical needs, associated costs, and the overall impact on the individual's quality of life. Additionally, detailed documentation of anticipated future medical costs, including expert opinions and medical assessments, can strengthen the case for a higher settlement. This documentation may include estimates for surgeries, ongoing therapies, medications, and other necessary medical interventions. Permanent disabilities or limitations resulting from the surgery may affect the settlement. It's important to note that every personal injury case is unique, and settlements are typically reached through negotiation between the parties involved. Factors that influence settlement amounts include the strength of the evidence, the extent of liability, and the skill of the attorneys involved.

Quality of Life

Some surgeries may result in permanent disabilities or limitations that affect daily activities, employment, and overall well-being. The more significant the impact on quality of life, the greater the potential influence on the settlement amount. If surgery leads to a decreased quality of life, a skilled personal injury attorney may argue for higher compensation to address the intangible losses associated with the diminished ability to engage in activities and enjoy life as before the incident.

Surgery can have emotional and psychological effects on an individual, including anxiety, depression, and post-traumatic stress. These emotional factors, when supported by expert opinions and documentation, may be considered when determining non-economic damages in the settlement.

Quality of Life

Navigating the Legal Landscape

The available insurance policy limits can influence the settlement. For example, if the at-fault party has limited insurance coverage, the settlement may be capped at the policy limits regardless of the severity of the injuries. Experienced car accident attorneys may negotiate more effectively on your behalf, taking into account the specific details of your case. They may collaborate with medical and vocational experts to build a comprehensive case that addresses the impact of the injuries on both economic and non-economic aspects of the injured party's life.

If you've suffered an injury, don't face the challenges of filing a personal injury claim on your own. Consult with one of our Toluca Lake personal injury attorneys who can ensure you receive the compensation you need for your medical treatments. As a trusted legal advisor since 1998, Yepremyan Law Firm has helped thousands of satisfied clients recover millions of dollars. Contact us for a free consultation and let us know how we can help.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.

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