Legal Question in Personal Injury in Maryland
Reimbursement for possible surgery
I was in a car accident that was not my fault. I suffered three herniated disks. I have an attorney and followed her instructions throughly.
My prognosis included the mentioned affliction and that surgery would be possible in the future.
Now, however, my attorney claims that she cannot include possible reimbursements in our demand letter for future surgery. Does this sound right? I assumed that the demand letter should include possible surgery costs and pain and suffering.
Thanks for you input.
2 Answers from Attorneys
Re: Reimbursement for possible surgery
If your doctor writes a report saying that future surgery is likely or probable, she can definitely include an amount in your demand to reflect this cost. Perhaps your lawyer feels that the possibility of surgery is too speculative at this point, based on what the doctor is saying. She should try to get a more definitive assessment of the prospect of surgery from the doctor before abandoning this aspect of your claim.
Re: Reimbursement for possible surgery
Unless the future medical treatment is remote or unlikely then it should, where possible,
be included in settlement negotiations. With herniated discs I assume you are referring to
nerve block or an alternate treatment. Surgery is not always the only aspect of future treatment.
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