How Long Does it Take to Get a Settlement After Surgery?
It can take several months to over two years for an injured victim to receive a settlement amount following surgery. The waiting period is unique in each case and largely depends on several factors, such as the length of the treatment plan.
It might take longer if you underwent surgery early in your treatment plan for the injury. Since medical expenses form a substantial share of your settlement proceeds, you should complete your treatment plan before initiating negotiations.
Legal professionals encourage injured victims to obtain maximum medical improvement to understand present and future medical expenses.
You should consult a trusted personal injury lawyer in Atlanta who can speed up the process and protect your interests during negotiations. Let’s explore all the factors that can help to get a settlement after surgery.
How Long Does a Personal Injury Lawsuit Take?
The following are the critical steps in a personal injury lawsuit:
- Step 1: Hire a personal injury attorney within two weeks of the accident.
- Step 2: The attorney conducts investigations, which can take a few weeks depending on the case and its complexity.
- Step 3: Settlement Demand. The attorney will draft and send a settlement demand after completing investigations.
- Step 4: File a Personal Injury Lawsuit. The attorney files a lawsuit if the defendant doesn’t respond within the timelines of the demand letter, which is primarily a month.
- Step 5: Pre-trial. This involves the discovery phase, during which both parties examine and exchange documents. This may take several weeks to complete.
- Step 6: Settlement Negotiations. Throughout the case, both parties have opportunities to attempt negotiations and settle the lawsuit.
- Step 7: Trial. Only a tiny percentage of cases are decided during trial. Each party’s attorney presents their arguments in court, and the jury determines liability and damages.
How Are Settlements Determined?
A personal injury settlement compensates the accident victim for losses they suffer due to the injury. They are, therefore, entitled to various damages, including medical expenses, loss of income, pain and suffering, emotional anguish, loss of consortium, and out-of-pocket costs.
If you’ve sustained an injury due to someone else’s negligence, an estimate of the settlement amount can help you make an informed choice. Nonetheless, there is no average settlement amount since the outcome of each case depends on its facts and circumstances.
The following factors may impact the value of your settlement value:
- The severity of the injury
- Length of recovery
- Long-term impact on your life
- Insurance coverage limits
- Contribution of liability or negligence
Working with an experienced attorney can tilt the justice scale in your favor and maximize your settlement amount. Your attorney’s experience can help you make smart choices to maximize your injury settlement at each stage.
If I’m in Surgery for an Accident, When Will I Get My Settlement Paid?
If you’re in surgery after an accident, it means you sustained a relatively severe injury. Many injured victims require weeks, several months, and up to a year to recover from a complex surgery.
Your attorney may advise you against filing an insurance claim while recovering from surgery. Instead, they may encourage you to file a claim after attaining maximum medical improvement (MMI).
Your condition is stable after maximum medical improvement and doesn’t require further medical treatment. Your primary treating physician determines whether you have attained MMI, which allows you to pursue compensation for your injuries.
Your doctor may find that you’re at risk of developing additional medical issues. After attaining MMI, your doctor can score your disability ratings, vital in determining work restrictions and capabilities.
Therefore, being in surgery only affects the timing of your settlement but doesn’t take away your right to compensation.
What Can Help My Personal Injury Claim?
Although factors like surgery may affect the time it takes to receive a personal injury settlement, some aspects are within your control.
Here are a few strategies to speed up the claim process and maximize the settlement process:
Gather Evidence
You have a better chance of obtaining maximum value for your losses if you have evidence demonstrating the extent of your injury. You also gain a strong position during negotiations if you have evidence that supports your arguments.
For instance, you should submit medical records and update them during treatment. Thorough and detailed records increase the value of compensation when documenting the injury and the accident.
Work With an Experienced Personal Injury Attorney
If you’re pursuing compensation for the first time, you may not understand the proper steps to protect your rights. An experienced injury attorney deeply understands personal injury laws and the defendant’s possible tactics.
An attorney will take charge of the lengthy and complex negotiations. More importantly, they will spot opportunities for settlement negotiations, evaluate proposals, and negotiate for a fair deal that matches your losses.
Understand the Value of Your Claim
Understanding the extent of your losses creates a structure for your interactions with insurance providers. The insurer may quickly offer a settlement offer immediately after receiving your personal injury claim.
You’re likely to accept such low offers if you don’t understand the value of your losses.
You should, therefore, work with an experienced attorney to check if your case deserves additional damages such as lost income, medical expenses, pain and suffering, loss of companionship, emotional anguish, and loss of enjoyment of life.
Consider Alternative Dispute Resolution Methods
If you’re looking for a speedy resolution to your case, consider various out-of-court settlement methods like mediation or arbitration. You can involve a mediator or arbitrator to strike a compromise if you can’t agree on a settlement with the at-fault party’s insurer.
Although alternative dispute resolution methods are faster, discuss these options with your lawyer to make the right decision.
Get Legal Assistance From an Experienced Personal Injury Attorney
Your chances of full recovery from an injury depend on your efforts to obtain a fair settlement value for your losses. You must, therefore, begin settlement negotiations at the right time for a positive outcome.
An experienced attorney from Spaulding Injury Law: Personal Injury & Car Accident Lawyer will offer legal advice throughout the process to help you make informed choices. Contact us online or at (770) 744-0890 for a free case evaluation.
When you become our client at Spaulding Injury Law, you’ll be represented by a thoroughly experienced Atlanta personal injury attorney like Theodore A. Spaulding. For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.