Slip and Fall Settlements Without Surgery

Slip and Fall Settlements Without Surgery

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  • Protecting Families Since 1988
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Slip and Fall Settlements Without Surgery

Whether or not you need surgery after a slip and fall depends on the unique nature of your injuries. Either way, you may still be entitled to compensation if you got injured due to someone else’s negligence. The same applies if you suffer slip and fall injuries in the workplace. In that case, you may be eligible for workers’ compensation benefits.

At Morgan and Morgan, we understand how confusing and complex slip and fall cases can be. For this reason, we have answered some of the most common questions about slip and fall settlements, including the influence surgery has on such settlements.

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • Do I Need Surgery After Slip and Fall?

    You may or may not need surgery after a slip and fall—it all depends on the unique circumstances of your case. We have handled different kinds of slip and fall cases. We have handled cases where the injured needed surgery after getting injured due to someone else’s negligence and also those that did not necessarily need surgery.

    When you suffer a slip and fall accident, the first thing you need to do is seek immediate medical attention. The medical professional will conduct several tests to determine whether you need surgery. Generally, major or minor surgery may be required if you suffered any of the following injuries:

    • Herniated disc
    • Spinal stenosis
    • Scoliosis
    • Spondylolisthesis
    • Spinal fractures
    • Spinal column tumors
  • Who Pays for Surgery After Slip and Fall?

    There are many ways to pay for surgery after a slip and fall. Here are a few options.

    If you have been injured due to someone else’s negligence, their insurance company will likely settle your medical bills, including the surgery cost. This is usually the most common way of paying for surgery after a slip and fall.

    The same applies if you get injured in the workplace. In that case, you may be able to file a workers’ compensation claim if you are employed. The workers’ compensation insurance will settle your medical bills, including surgery costs.

    The other option would be through your Personal Injury Protection insurance if you have such coverage. Depending on the state, PIP insurance may or may not be compulsory. If you live in a no-fault state like Florida, you are required to have Personal Injury Protection insurance worth not less than $10,000 (for drivers). This insurance covers your medical bills and lost wages after a car accident regardless of fault.

    On the other hand, if you live in an at-fault state like Washington, the at-fault driver’s insurance provider will be responsible for your medical bills. Keep in mind that PIP insurance is usually also available in at-fault states but not compulsory.

  • Can I Still Get Surgery After Slip and Fall Even if I Was Partially at Fault for the Accident?

    Yes, you may be able to get surgery after a slip and fall accident, even if you are partially at fault. This is because being at fault does not strip your rights to medical attention.

    As discussed earlier, if you get injured in the workplace, your workers’ compensation insurance might settle your medical bills. This is because workers’ compensation is a no-fault insurance system, meaning it does not matter if you were injured due to your own fault in the workplace. However, this does not also mean that the insurance company will cover any type of workplace injury. Just as long as the injury did not occur due to negligence, such as being drunk in the workplace, the insurer will settle your medical bills.

    Remember, your own health insurance provider can also settle the cost of surgery if you are covered against such incidents, even if you were at fault for the slip and fall.

    Some states will also allow you to recover compensation based on your percentage of fault. This means that even if you were partially at fault for the injury, you might still be able to get surgery and have it paid for by the partial settlement.

    For example, suppose the court rules that you are 30% at fault for the slip and fall accident. In that case, you can only recover 70% of the total settlement, which might be enough to settle your medical bills, including the cost of surgery.

  • Does Surgery Lead to a Higher Settlement?

    Yes and no. Here is when surgery can and cannot lead to higher settlement.

    Suppose you got injured due to someone else’s negligence and did not contribute to the accident in any way. In that case, you may be able to collect a higher settlement if you need surgery. This is because when the defendant is 100% at fault for your accident, you will likely recover full compensation for your injuries, including the surgery cost.

    On the other hand, if you live in a contributory negligence state, meaning you cannot recover compensation if you were partially at fault for the accident, even by 1%, surgery will not lead to a higher settlement. Rather, it will be more of a medical requirement to get you back in the position you would have been in before the accident.

    It is also important to note that a high medical bill does not necessarily mean you will take home a higher settlement. Instead, the pain and suffering you went through during and after surgery will determine the size of the compensation you will be able to pocket after the injury. For this reason, the more complex or invasive the surgery is, the higher compensation you may be entitled to. 

  • What if the Insurance Company Refuses to Pay for My Surgery?

    You should contact an experienced slip and fall lawyer if the insurance company refuses to pay for your surgery. In some cases, insurance companies may refuse to pay for your surgery for valid reasons, such as your failure to prove that you got injured due to their insured’s negligence or if you take too long to file a claim. Other times, these companies bully the injured, abandoning their responsibility of settling their medical bills.

    Either way, an experienced attorney will review the unique circumstances of your case to determine whether the insurance company broke the law by refusing to pay for your surgery. If so, the attorney might be able to hold the insurer responsible.

  • How Much Should I Settle If I Need Surgery After Slip and Fall?

    There is no standard amount of compensation slip and fall victims are entitled to, whether or not they need surgery. This is because each case is different. Just because you suffered serious injuries does not mean you are entitled to a higher settlement. As discussed earlier, slip and fall cases are complex and confusing. The sooner you contact an experienced attorney to review your case, the better it is for you or your loved one.

    After reviewing the damages you or your loved one suffered due to the slip and fall incident, the attorney will have an estimate of the amount of compensation you may be entitled to. The attorney can also file a claim with the defendant on your behalf.

  • Can I Pocket the Entire Settlement if My Health Insurance Pays for My Surgery?

    In most cases, when your health insurance company pays for your surgery after an injury and you win the case, they will place a lien on the settlement. This means that a portion of the settlement will compensate the health insurance provider for settling your medical bills, a controversial process known as subrogation.

    The insurer will likely argue that it is unfair for you to pocket the settlement meant to cover your medical bills if they already covered these costs. This can be confusing and frustrating, to say the least, given that you pay your insurance premiums to protect you against such incidents.

    The bottom line is that the issue of subrogation can be quite confusing. Bear in mind that subrogation laws vary from state to state. For this reason, the sooner you hire a slip and fall attorney to fight for you, the better.

  • Can an Attorney Help Protect My Settlement From My Health Insurer After Surgery?

    An experienced attorney can help protect your settlement from your health insurance provider. They will do this by negotiating reasonable compensation with the insurance provider or asking them to forgive the entire debt.

    Such attorneys also understand how state laws protect you against subrogation by insurance companies. For example, in Colorado, subrogation is not allowed unless you are first “made whole.” This means that you must first be fully compensated for all of your damages before the insurance provider places a lien on your settlement.

    These laws vary from state to state. Hiring an experienced attorney is one of the best ways to protect yourself from greedy insurance companies.

  • What Should I Look for in a Good Slip and Fall Lawyer?

    Many factors come into play when looking for a good slip and fall lawyer. The most important thing you need to know is that the kind of attorney you hire will influence your claim.

    For this reason, ask yourself the following questions when looking for the right attorney to fight for you or your loved one:

    • How long have they been practicing personal injury law in your state?
    • Do they have experience handling slip and fall cases specifically?
    • Do they have the resources to fight for you or your loved one?
    • What is their track record?
    • Have they won any major cases?
    • Do they have any reviews or referrals?
    • Can they fight for you in court if the other party is unwilling to settle?

    Or better still, to save you from the stress of finding the right attorney, contact Morgan and Morgan today.

  • Why Should I Hire a Morgan and Morgan Slip and Fall Lawyer?

    There is no doubt that many injury firms in the country can represent you. But when you want to work with the best in this field, there is only one Morgan and Morgan. Here is why:

    • We are the nation’s largest personal injury firm, serving clients from coast to coast
    • Our firm consists of over 800 personal injury lawyers, meaning we always have an expert ready to handle your case
    • Because we have won over $13 billion for our clients so far, we will not settle for less than what you truly deserve
    • We have been fighting for the rights of the injured since 1988, a true reflection of our experience
    • Our lawyers are never afraid to go to court if the other party refuses to cooperate
  • How Much Will Morgan and Morgan Charge to Review My Case?

    We do not charge any fees to review your case. We will do it for free because we are a law firm for the people.

  • How Can I Contact a Morgan and Morgan Slip and Fall Lawyer?

    To contact Morgan and Morgan, fill out our free case evaluation form. One of our client intake representatives will review your case and get in touch with you to discuss your options. And if you have a valid claim, we will assign an experienced slip and fall lawyer to your case.

  • A Competent and Experienced Slip and Fall Lawyer Is All You Need

    Slip and fall cases are already complex. Not having an attorney makes everything even more complicated. And given that you do not pay us anything unless we win, you have nothing to lose when you fill out our free case evaluation form.

    Get in touch today. We might be able to help fight for you or your beloved.

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Customer Story

“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

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