When you’re injured in an accident, medical bills can pile up quickly. For many of our clients, one of the most difficult decisions they face is whether to undergo surgery recommended by their doctors.
Understandably, they often ask: If I go through with the procedure, will it help my personal injury claim? Will surgery increase the amount of my settlement?
The answer is yes—having surgery before your case is resolved can significantly improve the value of your personal injury claim. And importantly, it can do so by making the insurance company more likely to provide compensation for the treatment you’ve needed.
Let me explain why this matters and share a real example that illustrates just how big a difference it can make.
How insurance companies value medical treatment
Insurance companies are in the business of minimizing payouts. One of the ways they do this is by discounting the cost of medical treatment that hasn’t happened yet.
This is especially true when it comes to surgery. Even if your doctor is confident you’ll need it, insurers will often argue that future surgery isn’t guaranteed. Therefore, they shouldn’t have to fully pay for it.
That kind of thinking can seriously reduce the settlement offer you receive.
In fact, research has shown that juries award compensation for future surgeries only about half the time. Insurance companies know this and use it to their advantage during settlement negotiations. On the other hand, past medical treatment—care that has already happened—is much easier to prove and far more likely to be fully covered in a settlement or jury award.
A real case of how surgery increased a settlement
Let’s look at one of our own recent cases that clearly illustrates the impact of undergoing surgery before settling.
Our client suffered significant injuries, including spinal injuries, in a serious accident. He had accumulated about $85,000 in medical bills and had been told by his doctors that a lower back surgery would likely be necessary within the next five years. The estimated cost of that surgery was around $300,000.
Despite this clear medical opinion, the insurance company offered only $200,000 to settle the claim—even though there was $1.5 million in available coverage. Their reasoning? The surgery hadn’t happened yet, and they claimed it might never happen.
When we reached mediation, we pushed hard, but the insurer wouldn’t budge. Our client’s case was then set for trial, but the court date got postponed—giving him time to actually undergo the surgery his doctors had recommended.
He moved forward with the surgery—a minimally invasive procedure—and experienced significant relief and improvement in his quality of life.
Once the surgery was complete, we gathered all of the relevant medical records, surgical reports, and updated evaluations from his doctor. With that hard evidence in hand, we presented the updated case to the insurance company.
What happened next was remarkable: the insurer’s offer jumped from $200,000 to $1.25 million.
The key difference? The surgery had gone from a “what if” to a proven fact. Instead of debating the likelihood of future medical costs, we were able to show real bills, real outcomes, and real impact on our client’s life.
You can see the full story about our client’s accident, surgery, and compensation in our case results.
Why you might want to go ahead with surgery before a settlement
If your doctor recommends surgery—and you’re genuinely considering it—it may be in your best interest to complete the procedure before your case is resolved. Doing so gives your legal team solid evidence to work with and makes it much more difficult for insurance companies to dispute your claim.
It’s important to know that once your case is settled, it’s final. You can’t go back later and ask for more money, even if you end up needing surgery or additional treatments. That’s why timing is critical.
Surgery may not be the only consideration before a settlement, either
While our client story above focuses on surgery, the same principle applies to any significant medical treatment. If your doctors recommend further care—whether it’s physical therapy, injections, or another procedure—getting that treatment while your case is still open can strengthen your claim.
We understand that deciding to move forward with surgery isn’t just a legal issue—it’s a deeply personal one. It involves weighing the risks, recovery time, and how any procedure or treatment will affect your daily life. That’s why it’s so important to have open conversations with both your doctor and your attorney.
Our job is to help you understand the legal implications of your choices and ensure that, whatever you decide, your case is positioned for the best possible outcome.
If you or a loved one has been injured and are facing medical decisions that could impact your claim, we’re here to help
We’ve helped many clients determine whether surgery or other treatments could affect their settlements—making sure they not only receive the medical care they need but also the full and fair compensation they deserve.
Other client success stories:
- We helped a client receive the treatment she needed after the insurance company tried to stall out for a lower settlement acceptance. She got the procedure she needed and the insurance company’s tactics backfired. Read more.
- After a client suffered injuries requiring several surgeries after a truck crash, the insurance company refused to budge on an offer that would only barely begin to cover medical costs. We took them to court and won more than 12 times that initial offer. Read more.
Don’t let insurance companies downplay your injuries or your future. Contact us today by calling (210) 598-7525 or filling out our contact form to schedule a free consultation.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
