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Are Settlements more if surgery not done
#1
Are settlements more if a needed surgery is not performed? I am 100% disabled at this time. AME states 85% accident related. (I am 59 years of age) and agrees surgery is necessary. Back injury. If I have surgery I will have about a 15% disability remaining. If I do not have surgery I will remain disabled.

What are the settlement differences please?

It appears to me that my attorney was quite agressive untill the AME report and my doctor wanting to immediately do surgery. Might this have anything to do with settlement potential?
 
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#2
what's your state?
rules are different for each.

for states that allow future medical benefits to be settled it depends on the chances of surgery occurring later.
neither you nor your doctor can predict the outcome of the surgery and how much permanent impairment you will be left with.

if you accept the surgery recommendation it may mean the payment of the atty fee will have to wait a year or more before you are at maximum medical improvement and additional disputes and legal services are likely.
comp attys generally work on volume and want to go to the bank as soon as possible and move on to the next deposit --i mean client.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(10-22-2012, 07:14 PM)1171 Wrote: what's your state?
rules are different for each.

for states that allow future medical benefits to be settled it depends on the chances of surgery occurring later.
neither you nor your doctor can predict the outcome of the surgery and how much permanent impairment you will be left with.

if you accept the surgery recommendation it may mean the atty fee will have to wait a year or more before you are at maximum medical improvement and additional disputes and legal services are likely.
attys want to go to the bank as soon as possible and move on to the next deposit --i mean client.


1171, lol...
Either way, same answer...

I was given 3% for low back , I declined the surgery.. If I had recieved the surgery and the surgery failed it was 10% per failed level.. But the outcome of surgery can never be perdicted so I choose to stay where I am at until I can no longer treat it with meds and excersize...
 
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#4
yes it can mean a larger settlement if your future surgery amount is built into your settlement.But be careful no other insurance will cover this surgery down the road if you spend this money on any thing other than the surgery it is supposed to cover.It will come out of your pocket or you will do without it.
........I love cats, I just cant eat a whole one by myself......







 
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