Can I File a Personal Injury Claim Without a Lawyer?
Posted in: Legal Blog
KNR Legal Blog
Surgery highlights the severity of your injury and leads to higher medical expenses, longer recovery periods, and potential long-term lifestyle changes.
All these factors are considered when determining compensation in a lawsuit or insurance claim. Here, the Ohio injury team at KNR explores how surgeries can affect personal injury claims in Ohio, how insurance companies approach them, and examples of how settlements are impacted.
Surgical procedures are expensive, and medical costs can accumulate quickly. If your injury requires surgery, the total amount of your medical bills will likely increase, which can raise the overall value of your claim.
Medical expenses after surgery can include:
These costs will be part of your claim, and insurance companies must consider them when negotiating a settlement. Surgery also often signals that your injury is serious, which typically results in higher compensation for pain and suffering, lost wages, and long-term care needs.
Undergoing surgery means you’ll likely have a longer recovery period, which can affect your ability to work and perform daily tasks. This downtime is factored into your settlement, as you may be entitled to compensation for:
Insurance companies understand that surgery requires a long healing process and may result in permanent limitations, which can significantly increase the amount they’re willing to settle for.
Surgery often comes with pain and discomfort, both before and after the procedure. As a result, your claim for pain and suffering will likely increase if surgery is involved. The more severe the pain, the higher the settlement could be.
Courts and insurance companies consider this when deciding on a fair compensation amount. Additionally, if the surgery leads to scarring, disfigurement, or long-term limitations, this can further raise the value of your pain and suffering damages.
Surgery can have a lasting impact on your quality of life. For example, you may need ongoing medical care or face permanent disabilities that affect your ability to work, engage in hobbies, or take care of your family. Your attorney will work to ensure that these long-term effects are fully compensated. This may include:
In cases where surgery has long-lasting consequences, settlements tend to be higher to reflect the impact on your life and future.
While surgery can boost the value of your claim, it can also trigger more scrutiny from the insurance company. Insurers often aim to minimize payouts and may argue that your surgery was unnecessary or that your injuries were pre-existing.
To counter this, your lawyer will need to provide solid evidence, such as:
At Kisling, Nestico & Redick (KNR), we have extensive experience helping clients recover significant compensation after suffering injuries that require surgical intervention. One such case involved a 41-year-old man driving when another motorist pulled out from a stop sign and struck his car on the side. This impact aggravated the client’s pre-existing spondylosis of the cervical spine, ultimately requiring surgery.
Despite the insurance company’s attempts to argue that the surgery was due to a pre-existing condition, KNR’s attorneys successfully demonstrated that the accident was the direct cause of the client’s need for surgery. By carefully gathering medical evidence and working with expert witnesses, we secured our client’s full $250,000 policy limit. This case highlights how surgery can significantly increase the value of a personal injury claim, even when pre-existing conditions are involved.
In another notable case handled by KNR, our client was involved in a severe head-on collision with a tractor-trailer, which resulted in a devastating crush injury to the ankle. The injury required surgical fusion, a procedure with long-term consequences for mobility and quality of life. The trucking company’s insurer initially contested the extent of our client’s injuries. Still, our experienced attorneys fought back with compelling evidence of the lasting impact of the ankle injury and surgery.
KNR successfully negotiated an $875,000 settlement, demonstrating how serious injuries requiring surgery can substantially increase the compensation amount in truck accident cases. This settlement helped cover the client’s extensive medical expenses, lost wages, and ongoing rehabilitation costs, ensuring they had the resources needed for recovery.
Whether overcoming disputes over pre-existing conditions or securing large settlements in complex truck accident cases, KNR’s record shows our ability to maximize compensation for clients who require surgery following an accident.
Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors, but KNR’s commitment to fighting for our clients remains the same. We understand the complexities of personal injury claims involving surgery and have the experience necessary to pursue the best possible outcomes.
If you’re facing surgery due to an injury caused by someone else’s negligence, working with an experienced personal injury attorney is critical to maximize your settlement. At Kisling, Nestico & Redick, we understand the complexities involved in personal injury claims that require surgery. We can help you pursue full compensation for your medical expenses, pain and suffering, lost wages, and more.
Call us today at 1-800-HURT-NOW or fill out our contact form to schedule your free consultation.