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.


Asked on 12/16/03, 11:44 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

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.

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Answered on 12/16/03, 12:02 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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.

(410) 799-9002

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Answered on 12/16/03, 1:16 pm


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