While having surgery following an accident, whether it be a car accident, slip or trip, fall, dog attack, or some other type of personal injury case, can potentially have a big impact on the amount you receive in your case, it’s not, however, a guaranteed ticket to a massive settlement.
To illustrate, let me tell you the story of my past client, Larry. Larry was in a car accident. He informed me he proceeded through a green light when he was struck at the intersection by another driver. The other driver apologized for the accident and admitted liability at the scene. The other driver was using his cell phone.
Proving Liability
This is the first hurdle you must clear if you are to get a big settlement in your injury case where you had to have surgery. You must be able to prove liability against another party. In Larry’s case, it was clear the other driver was at fault for the accident. He admitted he ran the red light and caused the accident.
It’s very common for other drivers to deny liability in car accidents. It’s also not always easy to prove liability in slip and trip and fall cases and other personal injury cases.
Big Damages
Now back to Larry’s story. In his car accident, Larry sustained an aggravation to his neck. Larry had suffered from problems with his neck for years prior to the accident. The accident was the last straw, though, as it aggravated the condition of his neck to the point that surgery became necessary. Less than a year and a half after the accident, Larry had to have surgery on his neck.
The surgery was hard on Larry, which leads me to the second hurdle that must be cleared in any big injury case. You must have big damages to have a big injury claim. Clearly, with the surgery, your damages are likely to be big. The medical bills associated with surgery are typically high. If you work, you will have to step away for some time from your work in order to have the surgery and recover from your surgery to the point you are able to work again. And obviously, the pain and suffering one goes through due to surgery is significant.
If you have surgery, your damages are likely very high, which equates to a big payday in an injury claim. Well, maybe at least. You see, there’s also one more factor that must be present to have a big payday in your injury case.
Insurance and Deep Pockets
In Larry’s case, after the surgery, I sent a written demand to the other driver’s insurance carrier demanding that they pay out the insurance policy limits. With very little fight, the other driver’s insurance company quickly paid out their six-figure insurance policy limits. But we weren’t done there. My client also had underinsured motorist insurance coverage on his automobile insurance policy.
Underinsured motorist insurance coverage is a type of insurance coverage on your automobile insurance policy that allows you to pursue a claim for your damages in excess of any at-fault driver’s insurance policy in the event the at-fault driver does not have enough insurance to cover all your damages.
So, after settling for the policy limits with the at-fault driver’s insurance company, I sent a written demand for the underinsured motorist insurance policy limits to my client’s automobile insurance carrier. It took a good amount of work and time, but I finally was able to pressure the underinsured motorist insurance carrier to pay out the six-figure underinsured motorist insurance policy limits.
But that wasn’t enough. You see, my client’s damages may have totaled up to or more than one million dollars. While my client was happy with the settlement I got for him, the reality is there simply wasn’t enough insurance or deep pockets to pursue to fairly compensate him for his damages in his case.
Key Takeaways
So, remember, in order to secure a big settlement on an injury case where you had surgery, you need to prove liability, big damages, and have a significant amount of insurance or deep pockets to pursue in your case.
The thing is, just because you are able to prove liability and big damages, and there is significant insurance or deep pockets applicable to your surgery case, it does not mean you are guaranteed a big settlement.
In order to possibly get the big payday you are looking for in your surgery case, you must avoid rookie mistakes with the handling of your claim.
And in this video about to pop up here, I’ll tell you the mistakes you need to avoid if you want to have a shot at a big payday.
Lastly, if you’ve been injured in a car accident in Kentucky, remember: don’t wait, call Tate.
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