What if I settle and then need surgery?
This is the most common regret in personal injury, and it's usually unfixable.
A general release covers claims arising from the incident, including future medical needs. A surgery recommended six months after settlement is a consequence of the same injury, and it's within what was released.
Why it happens. Someone settles while symptoms are improving, or before imaging is done, or because bills are mounting and the offer is real money now. Then a symptom persists, an MRI shows a structural injury, and a surgical consult follows.
How to avoid it. Don't settle until you have a clear picture — treatment concluded or a prognosis from a treating physician addressing what future care is likely. If surgery is a possibility, that possibility has value and belongs in the settlement.
If you've already settled, health insurance may cover the surgery, subject to its terms. The claim itself is closed.
If surgery is even on the table, that possibility has value now. Don't settle around it. ---
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