How Can Surgery for my Injuries Increase my Settlement Offer?
Posted on behalf of Lynch Law Firm on January 27, 2021 in Car Accident News. Updated on February 24, 2022
When a serious accident happens, victims may need surgery to repair broken bones, damaged ligaments, brain injuries or internal organ damage. While surgery may not completely fix the problem, it may be necessary to stabilize an injury so other treatments can begin.
While each situation is unique, it is often true that injury victims who require surgery are eligible for more compensation compared to those who do not need surgery. Even an outpatient procedure or surgery that requires a one or two-day hospital stay can be very expensive.
Need for Surgery Strengthens a Claim
If your doctor’s recommendation is to get surgery to heal or treat your ailments, you may have a stronger case because of the severity of your injuries. Injuries that require surgery are usually serious, which is why your doctor would make the recommendation in the first place. Because of the seriousness of your injury, your attorney could argue for a larger payout to cover additional damages, such as pain and suffering and physical therapy.
Type of Surgery Recommended
The kind of surgery your doctor recommends may also add value to your claim. For quick outpatient surgery, you may still have a strong case that would likely yield a higher settlement. However, an injury that requires a more invasive surgical procedure, or even multiple surgeries, would strengthen your case even more.
Remember, personal injury claims are evaluated based on a few factors, one of the most important being how badly you were hurt. Every case is different, so it is difficult to pinpoint what kind of surgery would likely yield a higher settlement amount, which is why you should speak to an attorney to determine what your claim may be worth.
Insurance Policy Limits
It is no secret that insurance policy limits generally dictate how much you may recover from a personal injury claim. In the Garden State, you must file your injury claim through your own personal injury protection policy, which is why it is important to purchase more than the minimum required coverage. Or, at the very least, purchase an uninsured/underinsured motorist policy.
Can I Still Get Pain and Suffering Damages After Surgery?
New Jersey laws once again are a factor in how you can recover compensation after an accident that left you with injuries that require surgery.
Depending on the kind of insurance policy you purchased, you may or may not be able to recover damages for pain and suffering.
If you purchased a policy with a limited right to sue, you cannot file for pain and suffering unless you suffered certain types of injuries. With an unlimited policy, you may be able to sue the insurance company for compensation.
When filing a lawsuit to include pain and suffering damages, surgery once again does have a role to play. Depending on the kind of surgery, and its outcome, you may or may not be able to recover this kind of compensation.
For example, a surgery that completely heals you and restores you to the way you were before the accident may not garner pain and suffering compensation since you will not have any future pain to worry about thanks to the surgery.
But what about the pain you endured before you could get the procedure done? This is where the question gets complicated because you could still be compensated for past pain and suffering. A good attorney should know how to build a case around a situation like this and help maximize your compensation.
Call Today for a Free Consultation
If your injuries after an accident require surgery, you should speak with a New Jersey car accident lawyer. Our attorneys have vast legal knowledge and experience negotiating with insurance companies on a variety of cases.
We are prepared to help you negotiate for the maximum compensation, so you can get the medical care you need, including surgery if necessary.
We will review your claim for free and do not charge you anything while we work to build your case, so there is no risk to you.
No cost. No obligation. Call today: (800) 518-0508