If you’ve been involved in a slip and fall accident and sustained injuries that require surgery, you may be wondering how this will affect your settlement amount. In this blog, we’ll take a closer look at slip-and-fall settlements with surgery and whether or not surgery can increase your settlement amount.
What is a Slip and Fall Accident?
A slip-and-fall accident occurs when an individual slips, trips, or falls due to a hazardous or dangerous condition on someone else’s property. These accidents can result in serious injuries, including broken bones, head injuries, and spinal cord injuries. In some cases, surgery may be required to repair the damage caused by the fall.
But how long can a slip and fall accident case take? Check our blog here.
Slip and Fall Settlements with Surgery
In general, the more severe your injuries and the more expensive your medical treatments are, the higher your settlement amount is likely to be. This includes surgeries, other medical procedures, hospital stays, and rehabilitation.
However, it’s important to note that the surgery cost is just one factor that will be considered when determining your settlement amount. Other factors that may be considered include the cause of the accident, the extent of your injuries, and the degree of fault on the property owner’s part.
Will Surgery Increase My Settlement Amount in a Slip and Fall Case?
It is unlikely that the insurance adjuster will dispute a claim if it is clearly established that the injury was caused by the accident. However, they may attempt to downplay the role of the accident in causing the injury by suggesting that other factors were involved.
It is important to have clear and detailed documentation supporting the connection between the injury and the accident to avoid any potential challenges from the insurance adjuster.
A fracture, or fragmented bone, is a classic example of an injury directly related to an accident. An adjuster will typically find it difficult to prove that the accident was not the cause of the fracture.
If the accident’s at-fault party carries liability insurance that covers your injury claim and you’ve had surgery as a result of your injury, you may be qualified for a higher settlement sum.
Here are some factors that may influence the settlement amount in a slip and fall case with surgery:
Severity of injuries
If your injuries were severe and required surgery, this may increase the settlement amount you receive. For example, if you suffered a broken bone that required surgery, this may be considered more severe than a sprained ankle that did not require surgery.
Type of surgery
The type of surgery you underwent may also impact the settlement amount. For example, suppose you underwent a major surgery involving a long recovery and significant physical therapy. In that case, this may increase the settlement amount compared to a minor surgery with a shorter recovery time.
Impact on daily life and overall health
If your injuries and surgery have significantly impacted your daily life and overall health, this may also increase the settlement amount. For example, suppose your injuries have left you unable to work or engage in activities you enjoyed before the accident. In that case, this may be taken into consideration when determining the settlement amount.
What Can I Do to Maximize My Slip and Fall Settlements Amount?
There are several steps you can take to maximize your settlement amount, such as:
Gather Evidence
It’s important to document the accident and your injuries as thoroughly as possible. This includes taking photos of the hazardous condition that caused the accident, getting witness statements, and keeping track of all medical bills and treatment records.
Seek Medical Attention
It’s crucial to seek medical attention immediately after a slip and fall accident. Not only will this ensure that you receive the necessary treatment for your injuries, but it will also provide a record of your injuries and the medical treatment you received.
Keep a Record of Your Lost Wages
If your injuries prevent you from working, it’s important to keep track of your lost wages. This includes any sick leave or vacation time you had to use as well as any lost income from missed work.
Work with a Personal Injury Lawyer
An experienced slip-and-fall lawyer can help you navigate the legal process and ensure you receive the maximum settlement amount possible. In addition, they can help you gather evidence, negotiate with the insurance company, and represent you in court if necessary.
Slipped and Fell? Talk to One of Our Slip and Fall Attorneys
Are you unsure of what steps to take next or have more questions about slip and fall settlements with surgery? Don’t worry — we can help. At Pacin Levine, P.A., we have a team of experienced slip and fall attorneys ready to assist you with your case.
Contact us at 1-800-247-2727 for a free case review. We will listen to your situation and provide the guidance and support you need to get the compensation you deserve.
