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Surgery After A Car Accident In California? Here’s What It Means For Your Health, Your Case, And Your Future

Surgery After A Car Accident In California? Here’s What It Means For Your Health, Your Case, And Your Future

Surgery After A Car Accident In California

If you needed surgery after a car accident in California, you likely have a strong injury claim and should call The Law Offices Of Gerald L. Marcus at 818-784-8544 right away to protect your rights and go after full compensation for your medical bills, lost wages, and future care!

Waking up in a hospital bed after a crash, being told you need surgery – or that you might need it – is terrifying. You’re worried about:

  • Your health

  • The cost of surgery and hospital care

  • How long you’ll be out of work

  • Whether the other driver’s insurance will actually pay

This guide by The Law Offices Of Gerald L. Marcus is written in plain, easy-to-understand English to walk you through:

  • Why surgery after a car accident is such a big deal legally

  • Common surgeries after California crashes

  • Who pays for your surgery and follow-up care

  • How surgery affects the value of your car accident case

  • What steps to take right now to protect yourself

📞 If you had surgery or your doctor is recommending surgery after a car accident anywhere in California, call us now at 818-784-8544 for a FREE consultation. You pay nothing unless we win.

Important: This article is general information, not medical advice. Always follow the advice of your doctors and specialists regarding surgery and treatment.


Why Surgery After A Car Accident Is A Big Legal Issue

Needing surgery after a crash almost always means your injuries are serious:

  • Broken bones that won’t heal properly without surgery

  • Spinal injuries that need decompression or fusion

  • Internal injuries that require emergency procedures

  • Torn ligaments or tendons needing repair

In California, your personal injury claim can include all reasonable and necessary medical care related to the crash — including hospital stays, surgery, anesthesia, imaging, physical therapy, medication, and future medical needs.

When surgery is on the table (literally or figuratively), your case typically involves:

  • High medical bills

  • Longer recovery time

  • More time off work

  • Stronger evidence of serious, life-changing injury

All of that can significantly increase the potential value of your car accident case.


Common Surgeries After A Car Accident In California

Every body and every crash is different, but some surgeries are very common after serious collisions on California freeways like the 5, 405, 101, 10, 210, 60, 91, and 110.

1. Orthopedic Surgeries (Broken Bones & Joint Damage)

Orthopedic surgeons often operate on:

  • Fractured arms, legs, wrists, ankles, hips

  • Shoulder injuries (rotator cuff tears, labral tears)

  • Knee injuries (ACL/MCL tears, meniscus tears)

You may hear terms like:

  • ORIF (Open Reduction Internal Fixation) – using plates, screws, rods, and pins to hold broken bones in place

  • Arthroscopy – minimally invasive joint surgery using a small camera and instruments

These surgeries aim to restore function and reduce long-term disability but often mean weeks or months off work and long-term physical therapy.

2. Spine Surgeries (Neck & Back Injuries)

Serious neck and back injuries after a crash can lead to surgeries such as:

  • Discectomy or microdiscectomy – removing herniated disc material pressing on nerves

  • Laminectomy – removing part of the vertebra to relieve pressure on the spinal cord

  • Spinal fusion – joining two or more vertebrae to stabilize the spine and reduce pain

These surgeries are often recommended when conservative treatments (medication, injections, physical therapy) don’t fix the problem or when there is serious nerve compression or spinal instability.

3. Brain & Head Surgeries

In severe crashes, you may need:

  • Craniotomy – opening the skull to relieve pressure, remove blood clots, or repair skull fractures

  • Repair of skull fractures or facial fractures

Traumatic brain injuries can be life-changing, affecting memory, mood, thinking, and your ability to work. Surgery costs and long-term care in these cases can be enormous.

4. Internal Organ & Emergency Surgeries

Some people need emergency trauma surgery right after the crash, such as:

  • Repairing internal bleeding or organ damage (spleen, liver, intestines)

  • Chest surgery for lung injuries or fractured ribs

  • Surgeries related to severe lacerations or crush injuries

These procedures are often performed at major trauma centers in the Los Angeles area and throughout California.


Who Pays For Surgery After A Car Accident In California?

Here’s where many people get confused — and where insurance companies like to take advantage.

California Is A “Fault” State

California uses a fault-based system for car accidents. That means the driver (or drivers) who caused the crash is legally responsible for the damages — including medical expenses and surgery costs.

But that doesn’t mean their insurance company pays your bills as they come in.

Main Sources Of Payment For Surgery

In a typical California car accident case, surgery expenses may be paid from several sources:

  1. Your health insurance

    • You can (and usually should) use your health insurance for surgery.

    • Your health insurer may ask for reimbursement (a lien or subrogation claim) from your settlement later.

  2. Medical payments coverage (MedPay) on your auto policy

    • Optional coverage that helps pay medical bills regardless of fault.

  3. The at-fault driver’s liability insurance

    • This is the main source of payment in a personal injury settlement or verdict.

  4. Uninsured / Underinsured Motorist (UM/UIM) coverage

    • If the at-fault driver doesn’t have enough insurance, your own UM/UIM coverage can step in (if you have it).

Bottom line: In most cases, you pay bills through health insurance and other coverage now, and your attorney seeks reimbursement and compensation for you from the at-fault driver’s insurance later.


How Surgery Affects The Value Of Your California Car Accident Case

Surgery doesn’t just mean you’re hurt — it usually means your claim involves major damages.

1. Higher Medical Bills (Past & Future)

Your claim can include:

  • Hospital bills

  • Surgeon’s fees

  • Anesthesiologist

  • Radiology (X-rays, MRIs, CT scans)

  • Physical therapy and rehab

  • Medications

  • Future surgeries, injections, or ongoing care

California law allows injured victims to pursue compensation for both past and future medical expenses caused by the accident.

2. Lost Wages & Loss Of Earning Capacity

If surgery keeps you out of work or forces you into a different job, you can pursue:

  • Lost wages (past)

  • Lost benefits

  • Reduced earning capacity (future)

3. Pain, Suffering & Loss Of Enjoyment Of Life

Surgery, recovery, and permanent limitations can significantly increase non-economic damages, like:

  • Physical pain

  • Emotional distress

  • Loss of enjoyment of hobbies and daily life

  • Disfigurement or scarring

4. Objective Proof Of Serious Injury

Insurance companies often argue that people are “exaggerating” soft-tissue injuries. But it’s much harder for them to minimize a case where:

  • Imaging clearly shows severe damage

  • Surgeons recommended and performed invasive procedures

  • You have long-term restrictions

This is why surgery can substantially increase the overall case value when properly documented and presented.


California Law: Fault, Comparative Negligence & Deadlines

Pure Comparative Negligence

California follows pure comparative negligence. Even if you were partly at fault, you can still recover compensation — your award is just reduced by your percentage of fault.

Example:

  • Your total damages (including surgery) = $300,000

  • You’re found 20% at fault

  • You can still recover 80% of $300,000 = $240,000

This makes it crucial to have a lawyer who can push back when the insurance company tries to blame you.

Statute Of Limitations (Deadlines To File)

In most California car accident cases, you have two years from the date of the accident to file a personal injury lawsuit.

If a government vehicle or entity is involved (for example, a city bus or government worker), you may need to file a government claim within six months, or you can lose your rights.

Because surgery often happens weeks or months after the crash, many people wait too long thinking “I’ll deal with it later.” Don’t make that mistake.

📞 If you’ve had surgery or your doctor recommends surgery after a crash, call 818-784-8544 immediately so we can protect your deadlines and your case.


What To Do If Your Doctor Recommends Surgery After A Car Accident

Here’s a simple checklist:

Listen To The Doctors (And Get A Second Opinion If Needed)

  • Take the recommendation seriously.

  • It’s okay to get a second opinion from another specialist.

  • If multiple doctors say surgery is necessary, ignoring them can hurt both your health and your legal case.

Be Honest About Your Symptoms

  • Tell your doctors everything: pain, numbness, weakness, headaches, dizziness, sleep problems, anxiety.

  • Don’t minimize your pain, and don’t exaggerate.

  • Detailed, honest medical records help show how serious your injuries are. California Courts Self-Help

Keep All Appointments & Follow Instructions

Insurance companies love to see missed appointments, long gaps in treatment, or refusing recommended care. They argue:

“If they were really hurt, they would have followed through.”

Following your doctors’ orders helps your recovery and protects the strength of your claim.

Step 4 – Call A California Car Accident Lawyer Before You Talk To Insurance

If your injuries are serious enough for surgery, never handle the case yourself.

  • Don’t give a recorded statement.

  • Don’t sign medical releases giving insurers full access to your history.

  • Don’t accept a quick, low settlement “before surgery” that doesn’t account for future medical needs.

Call The Law Offices Of Gerald L. Marcus at 818-784-8544 and let us deal with the insurance companies for you.


What NOT To Do After Surgery From A Car Accident

  • Don’t post “I’m fine” pictures on social media after surgery. Insurers will use it against you.

  • Don’t stop treatment early just because you feel a little better. Follow through with your doctor’s plan.

  • Don’t hide prior injuries from your doctors or your lawyer. Prior issues don’t kill your case, but hiding them can.

  • Don’t wait to get legal advice until just before the deadline. By then, critical evidence might be gone.


Surgery After Car Accidents In Los Angeles & Throughout California

We help clients who had surgery after crashes all over Los Angeles County and beyond, including:

  • San Fernando Valley, Downtown LA, Hollywood, West LA, Santa Monica, Long Beach, Pasadena, Glendale, Burbank, South Bay, and the Inland Empire

  • Cases treated at major hospitals and surgical centers across Southern, Central, and Northern California

Whether your surgery took place at a large trauma center or a local surgical facility, our job is the same: collect the records, understand your medical story, and present it in the strongest possible way to the insurance company or a jury.


FAQ – Surgery After A Car Accident In California

These are the kinds of “People Also Ask” questions we hear every day.

Q1: Do I need surgery for my California car accident case to be “worth anything”?

No. Many successful cases do not involve surgery. But if you do need surgery, it usually means:

  • Your injuries are more serious

  • Your medical bills are higher

  • Your long-term impact is greater

All of that often leads to higher potential compensation, if your case is handled correctly.


Q2: Should I wait to settle until after my surgery?

In most serious cases: Yes, you should not settle until you understand:

  • Whether you actually need surgery

  • The cost of surgery

  • Your recovery and long-term limitations

Settling too early can leave you stuck with future medical bills that insurance will no longer cover.


Q3: Can I get money for a future surgery I haven’t had yet?

Yes. California law allows you to seek compensation for reasonably necessary future medical expenses, including a surgery your doctors say you will likely need.

We often work with your doctors and medical experts to document and prove the cost of future procedures.


Q4: Is it okay to use my health insurance for surgery if the crash wasn’t my fault?

Yes. In fact, it’s usually the best way to get the care you need. Later, your lawyer will deal with any health insurance reimbursement issues with the settlement.


Q5: What if the insurance company says my surgery isn’t related to the accident?

This is a common tactic. They may argue:

  • You had pre-existing conditions

  • The crash was “too minor” to cause your injuries

  • The surgery is “elective” or unnecessary

We fight back by:

  • Using medical records and imaging

  • Getting detailed opinions from your doctors

  • Working with independent medical experts when necessary


Q6: How long will my case take if I had surgery?

It depends on:

  • How complex your injuries are

  • How long your recovery takes

  • Whether we are negotiating or going to trial

In general, serious cases involving surgery take longer because it’s important to understand your long-term outcome before resolving your claim. But we keep pressure on the insurance company from day one.


How The Law Offices Of Gerald L. Marcus Helps Clients Who Need Surgery After A CrashSurgery After A Car Accident In California

Here’s how we step in and take over so you can focus on healing:

  • Investigate fault – Police reports, witnesses, scene photos, experts

  • Collect and organize medical evidence – Hospital records, surgeons’ notes, imaging, therapy records

  • Calculate full damages – Past and future medical costs, lost wages, reduced earning capacity, pain and suffering

  • Deal with insurance companies – So you don’t have to answer calls, letters, or recorded statements

  • Handle liens and reimbursement – Health insurance, hospital liens, medical funding companies

  • Negotiate aggressively – And take your case to court if the insurance company won’t be fair

You pay no upfront fees. We only get paid if we recover money for you.

📞 If you had surgery or your doctor recommends surgery after a car accident in California, call The Law Offices Of Gerald L. Marcus now at 818-784-8544 for a FREE case review.

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What Our Clients Say

“Thank you for the compassion & great professional service that I received from your office. If the need arises I will refer anyone who needs representation to your office. Sincerely”
– Linda S. Barrett

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