Getting Surgery & Your Injury Claim
Lawsuit Funding in California
In the wake of a serious accident, it is quite common to be unsure as to how best to proceed, especially given the likelihood of filing a personal injury lawsuit. If your injuries include scarring and disfigurement, you may be inclined to pursue surgery to correct the physical harm done to you.
A highly significant factor in a personal injury suit, and any resulting compensation, is the extent and degree of your injuries which were caused by the negligent act of another individual. This causes many seeking surgery to pause and ask whether “fixing” their injuries will hurt their claim.
Will surgery hurt my compensation?
Unfortunately, there is no hard and fast rule pertaining to getting surgery after an accident. In some cases it can hurt a claim; in other cases it may not.
From the outset, your objective in undergoing surgery should not be for the purpose of recovering more compensation than you assume you would otherwise. You should not agree to surgery thinking you will recover full compensation for it.
Your chances of obtaining a better settlement are much better when certain factors are present in your case. If your claim incorporates them, you can have some reassurance that your surgical procedure may be compensated.
Clear liability—some accidents are clearer than other when it comes to who is at fault and therefore who is responsible for your injuries. Being rear-ended, for example, typically means the driver who ran into the car ahead of them is to be held liable for damages.
Injuries are the direct result of the accident—if the harm done to you was undeniably caused by the accident, insurance adjusters will usually have a hard time arguing the opposite. A fractured bone or paralysis are examples of injuries which people do not incur in the normal course of a day.
Sufficient insurance coverage—most individuals and businesses carry liability insurance, which means there is a normal course of action if they are responsible for your injuries. If the at-fault party has insurance, there is a better chance at recovering more compensation if you go the route of surgery.
If you are pursuing an injury claim with the help of a personal injury attorney, speak with FCA Legal Funding as soon as you can. We can approve you for a California pre-settlement funding offer within 48 hours of filling out a form!