Personal injury cases involving surgery usually have a very high value. So what do you think defense attorneys do when the auto accident claimant has injuries that require surgery? He or she usually argues that the surgery was not related to the auto injuries. If the surgery is not related to or caused by the auto accident, then the huge increase in value that the surgery creates would be removed.
When do the defense attorneys usually make the argument that the surgery is unrelated?
- Gap in Care: If the surgery recommendation comes months after the injured party stops treatment, then the defense attorney will argue it must have been caused by something other than the auto accident.
- Prior Medical Conditions or Injuries: If the personal injury claimant has a prior medical condition like degenerative disc disease or arthritis or a prior injury, then the defense attorney will often argue the surgery would have been needed even if the auto accident never happened.
- Surgery was Unnecessary: I have also seen defense attorneys get a second opinion from a surgeon of their choice. This second opinion often will conclude the surgery was not necessary or the surgery was not caused by the auto accident.
In a recent case in Cobb County, Kimberly Turner v. North Georgia Snack Foods and Jarrod Lawson, the plaintiff was injured when a commercial truck rear ended the car she in which she was a passenger. Ms. Turner, the plaintiff, had a back injury that required surgery, but the surgery was not performed until two years after the accident. The defense attorney at trial argued that the surgery was not caused by the truck accident because it was performed two years after the truck accident occurred. Before a jury could render a verdict, the parties settled this Cobb County personal injury case for $375,000.00. The fact that the case settled for this amount even though a lumbar fusion was required means that the defense attorney’s argument against causation must have had some impact, but not enough for them to turn it over to the jury.
Attorney Richard Griffin believes that every personal injury claimant needs to hire an experienced personal injury attorney. Otherwise, it is almost impossible for the claimant to be fairly compensated for his or her car accident, truck accident, motorcycle accident, pedestrian accident, dog bite, or slip and fall claim.
Free Consultations are always provided by the Griffin Law Firm for anyone who is seriously injured in a personal injury or workers’ compensation accident.