How Much are Slip and Fall Settlements With Surgery? Exploring Your Legal Options
Tripping and taking a tumble at a store or restaurant might not seem like a big deal, but slip and fall accidents result in more than one million people visiting the emergency room each year. While many slip and fall injuries are minor bumps and bruises, there can also be serious cuts that need stitches and broken bones in need of repair. In some instances, surgery is necessary.
Your legal options in a slip and fall case include seeking compensation for care that restores your health and abilities to what they were before the incident. If surgery is part of the recommended treatment—and if someone’s negligence caused your fall—those costs can be part of your settlement.
Calculating a Slip and Fall Settlement
The cost of surgery has a big impact on the total amount of a slip and fall settlement. Not only is the surgical procedure itself a big expense, but several other costs are associated with it, including:
- Anesthesia
- A hospital stay
- Post-operative care
- Medication
- Follow-up appointments
- Physical therapy, if needed
Lost wages due to missing work can also cause a considerable increase in damages. And after surgery, a victim could still be left with a debilitating injury that affects mobility or limits their ability to lead life in the same way as before. Permanent disabilities might require home and vehicle modifications or keep a person from returning to their former job. All of these things can factor into the amount that legal counsel will request in a slip and fall settlement.
Slip and Fall Injuries That Might Need Surgery
The circumstances of a slip and fall will determine how badly someone is hurt. For example, falling on the tile floor at Walmart may cause less damage than tumbling down the concrete stairs outside of an apartment building. However, the person’s age and physical condition play a big part too. While one person might walk away from a fall with a bruise and some soreness, another falling in a similar way might fracture their hip and need surgery. For this reason, every case and every victim must be considered separately.
There are five different types of surgery that might be necessary to treat the most common injuries suffered in slip and fall accidents.
Orthopedic Surgery
Some bone fractures need surgery and some do not. Orthopedic surgery can be used when the break is too severe to heal on its own. The surgeon may stabilize the bones using plates, screws, or rods. Orthopedic surgeons also perform surgery to repair joints (for example rotator cuff surgery) or replace them (knee or hip replacement).
Common injuries that may need orthopedic surgery:
- Fractured wrist, ankle, hand, or hip
- Torn muscles or ligaments
- Dislocated or separated joints
Neurosurgery
Falling hard and hitting one’s head can cause a traumatic brain injury that requires surgery. Neurosurgeons may operate to relieve pressure on the brain, remove blood clots, or repair a skull fracture.
Common injuries that may require a neurosurgical procedure:
- Cranial fractures
- Hematomas
- Intracerebral hemorrhaging
Spinal Surgery
Hurting one’s back in a slip in fall is common and bad spinal cord injuries are possible. If it’s severe enough, it may require surgery to stabilize the spine.
Common spinal injuries that could need surgery:
- Fractured vertebrae
- Herniated or bulging discs
Facial Reconstructive Surgery
Falling forward can mean injuries to facial bones or teeth that might require reconstructive or oral surgery. A surgeon specializing in cosmetic reconstruction might be needed to minimize disfiguring scars. Dental implants, orthodontia, or other reconstructive dental procedures could be necessary for mouth injuries.
Common facial injuries needing surgery:
- Fractured nose, cheekbone, jaw, or orbital rim
- Broken or knocked-out teeth
- Severe facial cuts or embedded glass
General Surgery
A slip and fall can cause internal bleeding or organ damage on very rare occasions. In these cases, general surgery might be necessary.
Proving Liability for a Slip and Fall
Proving liability for a slip and fall is essential, especially when expensive surgery is involved. Surgery to repair a tiny wrist bone can cost as much as $8,000 or more, while larger bones can cost thousands more to fix. Knee replacement runs roughly $20,000 and hip replacement $39,000 or more. Victims should not have to pay for these things themselves if someone else is to blame.
Holding a business or building owner liable in a slip and fall relies on a principle called premises liability. In short, a property owner or manager has a duty of care to keep people safe. If they do something (or fail to do something) and someone gets hurt, they are responsible. The property owner must be aware of the hazard and any injuries that occur must be directly related to the hazard.
For example, say the landlord at an apartment building knows that an outdoor spigot is leaking onto the entryway sidewalk and does not fix it. If a tenant slips and falls on the ice that forms when it freezes, the landlord (or owner of the building) can be held liable.
When pursuing legal options in a slip and fall case, victims will need an attorney who can connect the dots proving responsibility. This will come from interviews with the victim and photos from the scene, as well as witness accounts or video evidence if it exists.
Once liability has been established, details of a fair slip and fall settlement can be hammered out. In slip and fall that leads to surgery, legal counsel will use medical records and doctors’ opinions to prove the procedure is necessary.
Legal Counsel Can Help Get You Fair Compensation
After taking a tumble, it is important to understand the extent of one’s injuries and the full cost of recovery. Immediately after a slip and fall, the need for surgery might not be obvious right away. Accepting a settlement before considering the need for surgery or other future treatment can be a costly mistake.
Legal counsel like the attorneys at Hipskind & McAninch have extensive experience in slip and fall cases and can make a claim on your behalf and file a lawsuit if necessary. They will help you get the medical treatment and surgery you need, as well as the financial compensation you deserve. Contact Hipskind & McAninch to discuss your case today.
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