If you suffer from injuries in an accident caused by someone’s negligence or wrongdoing, you have the right to file for personal injury lawsuit and claim compensation to cover damages. Surgery may be an option for injuries sustained in a car crash or other types of accidents. But what effects does surgery have on injury claims? Well, considering the trauma and suffering one goes under when injured due to others’ negligence, the injured victim should not endure paying for the damages. The value of the claim should include medical and other damages as well. Keeping this aside, surgeries may not increase the value of a claim or sometimes may make it worse.
With this article, we at MacGillis Wiemer, LLC help you understand the impact of surgery on injury claims, shedding light on when victims might benefit from it and when it might hurt their claim.
Can Surgery Increase the Value of Injury Claim?
Surgery is a viable treatment option for injuries or, at times, life-saving for the victim’s life. Sometimes, surgery can increase the injury claim, while it can sometimes make the claim less valuable. However, everybody knows how expensive surgery can be, especially when it includes the bills of various medical providers like surgeons, anesthesiologists, medical specialists, and hospital facilities. The expense of surgery, along with other medical bills, can increase the value of your injury claim. The Milwaukee personal injury lawyer uses this value to negotiate for fair compensation. Other costs that can increase the value of an injured victim’s claim are:
- Ambulance, life flight & other transport from accident location to a hospital
- X-rays, MRIs, and other tests to diagnose injuries
- Emergency room assessment and treatment
- Surgical expenses
- Prescription medicines for pain management
- Additionals including childcare and house help
- Emotional damage and suffering
Our experienced attorneys consider all these costs to estimate the value of your injury claim. We’re here to support you and ensure that all your expenses are taken into account, advocating for fair compensation on your behalf.
Why Not to Opt for Surgery When Not Needed?
The decision to go with surgery needs to be taken after careful consideration. It needs to be discussed with your doctors and family. Surgeries, whether major or minor, are associated with risks. You should go for surgery ONLY if it’s recommended by doctors. If the surgery is not recommended by your doctors, the insurance company may exclude the expense of surgery from the injury claim. Also, see the second option as well. To get reassurance, consider a second opinion from other doctors.
Does Having Surgery Reduce the Value of Your Injury Claim?
At times, having surgery can reduce the value of your injury claim. This is because insurance companies are always looking for ways to reduce the value of claims. To determine whether the surgery was necessary, the insurance company will:
- Assess your medical records, including diagnoses and treatment plan
- Evaluate doctor’s notes & recommendations
- Check if there was a second option besides surgery
If the insurance company thinks that surgery is needed, they might reduce or deny the claim. It’s important to note that, even if doctors recommend surgery, it can reduce the final claim value, as the surgery helps you heal faster and reduces suffering and trauma.
Other Factors that Can Affect the Value of Claim
The other factors that impact the value of your injury claims besides surgery are:
- The injured victim’s physical condition and pace of recovery
- The seriousness of the injury
- Whether the injury has a lifetime impact like permanent damage that needs long-term care & treatment.
The longer the recovery, the higher the costs associated with the treatment & rehabilitation, especially when surgery is involved. Having said that, surgery should never be an option to increase the value of the claim. The approach should be getting the best treatment to get back on your feet quickly.
What Injuries Need or Benefit For Surgery?
- Knee Replacement or Repair Damage: Sometimes accidents can cause serious knee damage, especially head-on crashes.
- Fractures: Surgery could be necessary for severe fractures where the bones need to be reset and cast. Bones could have been chipped, and those fragments need to be removed.
- Soft Tissue Damage: Surgery may be needed if a victim suffers from severe injuries or muscle, ligament, or tendon tear.
- Spinal Cord Injuries: If a victim suffers Injury in the spinal cord, doctors may recommend spinal fusion to prevent other damages, repair herniated discs, repair compression fractures, and remove bone fragments.
- Brain Injuries: Bleeding in the brain or open-head injury needs to be treated with surgery.
Contact MacGillis Wiemer, LLC for Legal Assistance
If you have been injured by the negligence of another person, the Wisconsin injury attorney is here to help you seek compensation for all your damages. Learn how we can benefit your claim and fight for justice. Let us protect you. For consultations, call us today.
You can also read: How Skipping Medical Appointments Can Hurt an Injury Claim?