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How a Surgery Recommendation May Affect Your Injury Claim


Posted On behalf of Pfeifer Morgan & Stesiak on Oct 28, 2021 in Car Accidents

Surgery table with surgical equipment on itIf you were seriously injured in an accident and your doctor is recommending surgery for those injuries, you may be wondering how your claim might be affected.

Our South Bend auto accident lawyers are prepared to review your claim to see how we may be able to help maximize your compensation if a doctor is recommending surgery for your injuries. The consultation is free and there are no fees unless we win.

Injuries That Require Surgery May Be Worth More

Some accidents may result in more serious injuries than others, and these injuries may require more in-depth treatment. Since surgery is generally a complex and expensive procedure, a recommendation for surgery could increase the value of your claim and help strengthen your claim for compensation.

However, you should not assume a claim will be worth more simply because it includes a surgical procedure. Sometimes surgery repairs most of the damage. Sometimes surgery can only do so much, and the victim still needs ongoing treatment – a claim like this might be worth more than a claim where the victim’s surgery fixed much of the problem.  

It is important to note that getting surgery for the sake of recovering more compensation may not be in your best interest. You will not be able to recover compensation for the cost of surgery unless a doctor recommends it.  

You should strongly consider getting multiple opinions from medical professionals about treating your injuries and see what option will work best for your health and lifestyle.

Will The Insurance Company Offer a Larger Settlement?

The liable insurance company may or may not offer a larger amount of compensation if doctors recommend surgery. Insurers argue that many doctors recommend expensive procedures to make money. Insurers generally take surgery recommendations with a grain of salt and wait before making a settlement offer.

If you can provide extensive evidence proving your need for surgery and then go through the procedure, the insurance company is likely to increase its initial offer to avoid a lawsuit.

Will I Be Compensated Prior to My Scheduled Surgery?

Unfortunately, because so many doctors have recommended surgery to injury victims who do not undergo the procedure, insurance companies are reluctant to pay out compensation prior to an injury victim’s surgery.

The practice of not paying injury victims prior to a major medical procedure may bring up questions about how to pay for it all. Our attorneys are prepared to review every option that may be available to you to help keep medical bill collectors at bay. For example, we may be able to negotiate with your treating doctors or your health insurer to hold off trying to collect payment until a settlement is recovered.  

What If the Insurance Company Refuses to Settle?

If you received the recommended surgery for your injuries after an accident caused by someone else, the insurance company is probably going to make an offer to settle a claim as quickly as possible. They know failing to settle could result in the victim’s lawyer filing a lawsuit against them as the financially liable party. If your case makes it before a jury, the insurance company runs the risk of being legally obligated to pay more in compensation than what they were willing to pay in a settlement agreement.

However, there are some circumstances in which the insurance company may refuse to settle a claim and go to court. This typically happens when liability for the accident and your injuries is unclear.

Fortunately, our lawyers have decades of experience building strong cases on behalf of injury victims to help recover the maximum compensation.

We Are Ready to Help. Call Today

With access to relevant resources and extensive legal experience, our attorneys stand ready to help you fight for your right to pursue the compensation you need for medical bills, including surgery expenses, and other damages from an accident caused by another’s negligences.

The consultation to discuss your case is free and you do not owe us anything unless we successfully recover compensation on your behalf.

No risks. No upfront fees. Call us today: (844) 678-1800