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Does having surgery increase the value of my case?

By on May 11, 2017 in blog, Car Accidents, Personal Injury | 0 comments

Does having surgery increase the value of my personal injury or car accident case?

There are several reasons why having surgery increases the value of your personal injury case. First, insurance companies receive numerous claims from potential claimants each day. They have to determine which claims are more serious and will require higher settlements. One of the factors that they look at is what type of medical treatment is received and how invasive such treatment is on the life of the claimant. Since surgery usually involves high medical bills, a long recovery, and a high amount of risk to the patient, surgical claimants are deemed to have more serious injuries. Therefore, the insurance companies set aside more money for such claimants.

Secondly, insurance companies are also trying to determine which claims have merit. Unfortunately, insurance companies believe that some claims are not made in good faith by claimants. Once such factor that helps them determine whether or not a claim has merit is what the claimant was willing to undergo to seek relief from their injury. Typically, most insurance adjusters believe that a claimant will not risk their health, time, and body to have an unnecessary surgery.

Thirdly, surgical claimants usually have a demonstrable injury, rather than a subjective injury. For example, if back surgery is required on a herniated disc, such injury can typically be see on an MRI. Conversely, a claimant claiming whip-lash injuries sometimes will not be able to demonstrate their injury on any type of diagnostic test. This proof or ability to show the injury becomes especially important if the claimants injury requires filling in court. If an insurance adjuster feels a claimant will not do well in court, such adjuster may offer less on the claim, as there is less exposure for the insurance company should the claim not settle and be required to go to court.

In addition the above, there are other reasons why surgery increases the value of your case. Please call me to discuss your case or potential surgery.

 

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