Are Slip and Fall Settlements With Surgery Larger?

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Slip and fall settlements are tied to the nature and severity of your specific injuries. There is no such thing as a one-size-fits-all settlement to a slip and fall case.

When you hire an experienced attorney, you stand a better chance of getting every dollar that you deserve. Otherwise, the insurance company will throw up barriers and slow down your case with red tape. Our slip and fall attorneys in Philadelphia are here to protect your legal rights if your fall at another property resulted in surgery.

To learn more about whether you have a strong legal case, contact the experienced accident attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers.

Your Slip and Fall Accident Injuries Can Be Serious

It is never “just a fall.” You may have suffered serious injuries that could require both surgical intervention and ongoing medical treatment. Depending on how you fell, and what body part you may have hit, you could need surgery to repair the damage. You may also need immediate surgery in the aftermath of your fall injury.

Some slip and fall accident injuries that may need surgery include:

  • Broken bones and fractures
  • Herniated discs
  • Internal injuries
  • Spinal cord injuries
  • Traumatic brain injuries

Surgery will mean that you have additional medical expenses. Surgical procedures also require recovery time and will have numerous other impacts on your life. In many cases, you may need more than one surgery to fully correct your physical issue. Some slip and fall accident injuries are so serious that they may never be fully corrected by surgery.

Your Financial Compensation in a Slip and Fall Case

You are entitled to the following elements of compensation in a slip-and-fall case:

  • Medical bills, including surgery costs
  • Lost wages, including the time you’re out of work post-surgery
  • Pain and suffering
  • Loss of enjoyment of life
  • Embarrassment and humiliation
  • Scarring and disfigurement, which includes surgical scars

Why Your Slip and Fall Damages Are Higher When You Need Surgery

An injury from a bad fall that requires surgery could result in more compensation. Going under the knife usually means that you have suffered more harm than someone who was prescribed bed rest and pain meds — and so, your damages are higher.

First, the fee for the surgeon could be a large part of your damages. Second, many of your damages are tied to the amount of your medical bills. For example, the insurance company may assign a multiplier to your medical expenses to come up with the amount that you are due for pain and suffering. The more your doctor’s bills are, the more you may receive for pain and suffering as well.

In addition, surgery could mean that you have a longer recovery process. During that time, you may not be able to work and earn money. Further, your ability to perform your job in the future could be at risk. Thus, you may also be entitled to a considerable lost wages award if you need surgery.

Insurance Companies Are Very Tough on Slip and Fall Accident Claims

Insurance companies will always go out of their way to minimize your injuries in a slip and fall case. They often argue that you could not have possibly been hurt that badly, since everybody falls now and then.

The insurance company knows full well that fall injuries can have long-term impacts, yet they are trying to take advantage of the perception that they are common just to keep you from getting the money that you deserve.

Surgery is a sign that your injuries may be much more serious than what the insurance company claims. If a medical professional has determined that you need a surgical procedure, the insurance company may be less able to downplay your health concerns. The diagnosis, and the information that they need to understand your injuries, are right there in front of them on paper.

On the other hand, never underestimate what an insurance company may do to evade their obligation to fully pay you. In some cases, the insurance company’s doctors may think that they know better than your own treating physician who has determined that you need surgery. The insurance company may question the need for the procedure and why they have to pay for it.

Although it seems senseless to fight when your doctor has seen you in person and diagnosed you, it is often what you have to do in a slip-and-fall case.

You Must Wait to File a Claim Until You Know Your Medical Condition

Although you may need the money that you would receive in a slip and fall settlement with surgery, you also need to be patient during the legal process. Your settlement will come with a cost — you will sign away your legal right to further compensation through a release clause.

Therefore, you need to know the full extent of your injuries before you settle your case. If you learn that you have suffered further injuries after you have already settled, you cannot go back to the insurance company for more money.

Therefore, you would generally wait to file your claim in the first place until you have reached the point of maximum medical improvement. By then, you would know you are prognosis and diagnosis. You may not reach MMI until after you have completed physical therapy post-surgery.

Your attorney should carefully review your case, working with expert witnesses when necessary, to calculate the amount of money that you may be due in a settlement with surgery bills. You can still receive full financial compensation, so long as you file your lawsuit before the statute of limitations expires.

Contact a Philadelphia Slip and Fall Accident Attorney Today

If you have been injured in a slip and fall accident, you need an experienced attorney to represent you. Insurance companies are notoriously difficult when it comes to handling a slip and fall claim. You will be vulnerable to their questionable tactics if you do not have a lawyer.

You can schedule a free initial consultation with the attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers by sending us a message through our website or calling us today at 215-274-0173.

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