Why Surgery Increases the Value of an Accident Claim in Kansas and Missouri
In general, yes. Surgery typically increases the value of a personal injury claim. It increases that amount of financial damages by increasing medical bills and the loss of wages. Surgery also increases the value of pain and suffering damages. Having surgery increases the physical pain a person may experience and the mental trauma and emotional distress of having surgery.
However, proving that your claim is worth more involves a lot of work. You need evidence proving your financial losses. You also need a narrative that supports your allegations that the surgery increased your pain and suffering. An experienced Kansas City personal injury attorney can help you build a strong case for maximum compensation of damages after an accident or injury.
Accidents That Result in Injuries Requiring Surgery
You can sustain injuries that require surgery in almost every type of accident. Injuries that could require surgery include, but are not limited to:
- Broken bones
- Skull fractures
- Internal organ damage
- Penetrating or puncture injuries
- Brain injuries
- Back or spine injuries
Some accidents have a higher risk of catastrophic injuries, such as accidents involving motorcyclists, bicyclists, pedestrians, and trucks or commercial vehicles. These accidents tend to increase the risk of surgery because the victims do not have adequate protection from injuries given the other vehicle involved in the accident.
For example, pedestrians, bicyclists, and motorcyclists have very little protection from injuries in an accident involving a motor vehicle. The individual receives the full impact of the collision with the motor vehicle collides with them.
Large trucks are another factor in accidents involving catastrophic or traumatic injuries. A passenger vehicle does not have the structure to protect occupants when an 80,000 pound 18-wheeler strikes it. Therefore, the car's occupants' risk of traumatic injuries is much higher than for the truck driver.
Surgery & Rehabilitation Costs Are Damages You Can Recover
Damages in a personal injury case in Kansas and Missouri may include the cost of reasonable and necessary medical care. Therefore, if you need surgery to treat your injury, the cost of surgery can be included in your personal injury claim. Surgery costs include, but are not limited to:
- Hospital costs
- Surgeon fees
- Anesthesiologist fees
- Meals and board
- Medications and medical supplies
- Lab tests, x-rays, and other diagnostic tests
- Recovery room costs
- Specialists' fees
In addition to surgical costs, any rehabilitative costs can also be included in your personal injury claim. For example, if you require physical therapy or occupational therapy to recover from surgery, those fees are included in your injury claim. If you need vocational therapy or rehabilitation, those fees are also included in your bill.
Some therapies are performed through out-patient services. However, if you are transferred to a facility for therapy, those costs can be included in your personal injury claim.
Kansas & Missouri Law Allow Compensation for Permanent Impairments & Future Damages
You may be entitled to compensation for future damages when you sustain a permanent disability or impairment. Future damages include the cost of ongoing medical treatment and personal care. It also includes an amount for future loss of income.
However, your future damages are valued differently from your actual surgery. The value of your surgery is based on actual surgical costs. We obtain copies of all invoices and statements from all medical providers to calculate the value of your medical expenses. If your actions did not contribute to the cause of the accident, you should be entitled to full reimbursement of all medical expenses through the date of your settlement.
However, your future damages are based on estimates. Factors that impact the value of future damages include your doctor's prognosis that describes whether you might require ongoing medical treatment, future surgeries, and personal care. Medical experts might be necessary to evaluate your case and offer expert testimony regarding your future medical needs.
Also, an economist might be required to assist in estimating how much future medical care might cost. The cost of medical care increases because of inflation. An economic expert uses historical data and scientific methods to estimate the cost of future surgeries and medical care.
How Can a Kansas City Personal Injury Attorney Help?
Ensuring that you receive the compensation you deserve for a personal injury claim can be a complicated process, especially if needed surgery and you have a permanent impairment.
Insurance companies review itemized medical records line by line. They often argue that the charges for the services are higher than the average cost for similar services. They might challenge whether you needed certain medications or medical equipment. You may need medical experts to testify that all services were required. You may also need a financial expert to testify that the costs of the surgery were within normal standards.
As discussed above, calculating the value of future damages can also be a complicated process. Our Kansas City personal injury lawyers have developed a network of experts and resources we can utilize when handling these types of cases. You do not need to worry about locating experts on your own.
Our lawyers also understand the tactics used by insurance companies to undervalue cases involving surgeries and future damages. We know what type of evidence we need to fight back against these underhanded tactics. In other words, we know how to refute the arguments by insurance companies.
Of course, before you can begin to argue about the value of your personal injury claim, you must prove that you are entitled to compensation. Our Kansas City personal injury attorneys investigate the cause of your injury, gather evidence proving fault, and build a strong case for liability. While you recover from your surgery, our legal team is working on getting you the money you deserve.
Contact Our Kansas City Personal Injury Attorneys
No one wakes up and expects to be injured in an accident. Facing surgery can be frightening and overwhelming. You are worried about your health, your family, and your finances. We understand, and we are here to help.
At The Law Office of Kevin J. McManus, we want you to focus on your recovery while we focus on your legal case.
Call 816-203-0143 now to schedule a free consultation with one of our Kansas City accident attorneys. Let us handle the legal case while you continue to get back to your normal day-to-day activities.