Can an injury victim recover damages if they don’t have surgery?

Posted By on March 30, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: Can an injury victim recover damages if they don’t have surgery?

A: An injury victim, not only can recover damages without surgery, but many time can recover substantial damages without surgery. The jury will have to asses the nature and extent of the injuries, and take into account whether or not surgery was needed. Now often times somebody does need surgery but because of another physical condition, such as obesity or other medication such as blood thinners that he or she is taking, that the doctor says, “you need surgery but you are unable to go through surgery.” And that in fact increases the value of the case because the doctors are unable to make you better. Surgery many times makes you better. And if you’re unable to go through surgery when surgery is recommended, that will affect your damages significantly. In cases where surgery is not needed and not undergone, the jury will have to asses the nature and extent of the injuries, the pain and suffering the medical expenses and award you a fair amount. But surgery is not necessary in order to compensate you for damages.

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

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