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February 29, 2024

Will Surgery Increase My Injury Settlement?

Understanding the Impact of Accidents

Accidents are not fun and cause a lifetime of significant physical pain and suffering as well as mental suffering. You can suffer a wide array of different types of injuries even from the smallest of accidents. You do not necessarily need to be involved in a huge accident resulting in a total loss of your vehicle for you to sustain significant personal injuries. Some people are more susceptible to injuries. Some injuries unfortunately result in having to undergo a surgical procedure to regain some type of pain relief to reestablish a good quality of life.

Navigating Insurance Coverage in Central Florida

In the State of Florida, bodily injury coverage is not a mandatory requirement on auto insurance policies. You can opt not to carry this coverage, but you do so at the risk of being sued personally if you cause an accident with injuries. Your assets can be taken, and your wages can be garnished. If you are hit by someone who does not carry bodily injury coverage, you can turn to your own insurance policy to see if you have any uninsured motorist coverage available to you. Having uninsured or underinsured motorist coverage on your own insurance policy is a wise decision since bodily injury coverage is not mandatory. Uninsured or underinsured motorist coverage compensates you, your resident relatives, or anyone traveling in your vehicle at the time of an accident for any injuries you suffer. When you are involved in an auto accident, one of the first things you should verify with the insurance company is how much bodily injury and uninsured or underinsured motorist coverage is available to you. The more coverage available, the more treatment you can receive for your injuries.

Assessing Injury Severity and Treatment Options

When you are involved in an accident and suffer any type of injury, you will most likely do some type of physical therapy to try to obtain some pain relief. The doctor will want to check to make sure there is no spinal damage or any tears or breaks to any ligaments or bones. They may refer you for MRIs which can determine if there are any internal injuries. If your MRI reveals any type of internal damage, you will likely be referred to a specialist for treatment.

Surgical Intervention and Considerations

If you suffer from any type of broken or fractured bones during your accident, these usually heal on their own after you have been placed in a cast or brace. If the bone does not heal or your doctor believes you need surgical intervention, you will probably beSurgery room with doctors and nurses scheduled for surgery. If you suffer from any spinal injuries such as disc bulges or herniations, your treating physician will likely refer you to an orthopedic surgeon or neurosurgeon to evaluate you. Physical therapy is generally ineffective for treating disc bulges or herniations. If you are referred to a specialist for your spinal injuries, chances are that the surgeon will opine that you should undergo either a series of epidural or branch block injections or possibly even surgery. If you opt to undergo injections, you will likely require continued injections for the rest of your life as this is only a temporary treatment solution. The only real permanent solution is usually surgical intervention.

Insurance Evaluation and Settlement Considerations

Just because you are referred for a surgical procedure does not mean the insurance company will consider that when evaluating your settlement claim. Insurance companies usually do not compensate you for a surgery you are recommended for, only for a surgery you have had. The adjuster will take all of your injuries into consideration, evaluate your past accident and medical history, and determine if the accident was the sole cause of your injuries. If you have been involved in numerous past accidents or have a pre-existing injury to the same body part you are claiming was injured in the accident, even if you have undergone a surgical procedure, the adjuster could claim it as an aggravation and offer you less money for your claim stating that the accident did not cause the injury. If this is the case, even if you have undergone surgery, if you have an Orlando personal injury attorney on your case, they will discuss with you the potential of having to file a lawsuit against the insurance company to fully compensate you for your injuries.

Assessing Settlement Value and Legal Recourse

If the insurance company finds no other pre-existing injuries, the chances of them making a settlement offer is likely. Surgery increases the value of your claim significantly in most cases as most surgeries are costly and require a period of recovery and physical therapy to get you back to as close to the health you were in before the accident as possible. Some surgeries, spinal fusions mainly, are invasive surgeries that can leave an unsightly scar. If you have an attorney on your claim, they will probably send pictures of your scars along with your medical bills and records when they are ready to negotiate a settlement amount for you, which will show the adjuster the physical damages you now have to live with for the rest of your life. A surgical claim is almost always worth more than a soft tissue claim which is basically just physical therapy treatment with not much permanent injury, due to the amount of the medical bills, the pain and suffering you have had to endure, and the unsightly scars you may be left with. The adjuster will consider all of these factors when making their offer and your attorney will discuss with you if they believe their offer is fair or if you should file a lawsuit against the insurance company.

Article by Charles Leo / Workers' Compensation Law

Call us today for a free consultation | (407) 839-1160
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Paul Gladieux AvatarPaul Gladieux
Mr. Leo has always been there for us. And and very informative and very professional, thank you.
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panamacitybeachbum Avatarpanamacitybeachbum
I'm Robert Daniels. In September, 2010 I injured my knee doing construction work. After surgery and physical therapy, I never regained full use of my knee. I found the Leo Trial Group and they represented me for a SSDI appeal. So glad I did. The bank would have foreclosed on our house and we'd have been living on the street without the help of my attorney. My attorney filed a motion and brief with the SSA to make a decision prior to waiting on a hearing. I was granted SSDI and words can't express what a great relief this was. Here it is March, 2023 and my family needs you again to help us with another SSDI matter. We will be reaching out to you next week. Thanks so much.
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Dennis Bannon AvatarDennis Bannon
Used attorney 10 yrs ago,did great job hired again
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About Charles Leo

A Cocoa Beach, Florida native, Charles Leo is the main shareholder in the Central Florida based firm Law Offices of Charles H. Leo, P.A. The firm focuses on representing accident victims in their claims against insurance companies for workplace injuries and auto accidents. His extensive trial experience has led to trials in most statewide Workers' Compensation courts. Mr Leo has handled complex appeals before the First District and is AV Rated by Martindale Hubbell.

Mr. Leo's free time is spend coaching or watching his children's sports activities, which include baseball, surfing & fishing.

Charles Leo's passion and commitment to helping Floridians led him to start his own firm in 1997. The Law Offices of Charles Leo, P.A. has helped thousands of Floridians since January of 1997, and is committed to trying to help each and every client fight for justice.

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“I came to Mr. Leo by a recommendation about 30 years ago. His honesty and integrity combined with perfect and winning legal direction won my case. His strategy and knowledge turned my life around and I learned about how careful you have to be picking a lawyer. Since then he has done an incredible job for me again. In the courtroom, his knowledge and expertise are very successful. The respect Mr. Leo receives in the courtroom will give you humble confidence because he is your lawyer. Any legal or medical or injury or employee workplace issue my family or I will ever have Mr. Leo is our only choice. THANK GOD for Mr. Leo, he changed the way I live my life and how long I get to spend time with my family”.

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