How Important Is Maximum Medical Improvement to My Personal Injury Claim?

“Maximum medical improvement,” often shortened to MMI, is a term of which most people remain unaware until they’re injured and decide to file a personal injury claim. Even though it may be new to you, it’s an important part of the personal injury claims process that shows how much you’ve healed and what care you might need in the future.

In practice, settlement negotiations for a personal injury claim won’t begin until you have reached maximum medical improvement. That’s because, in order to understand what your case is worth, you need to know how much it took to heal or whether you’re able to heal completely at all. The Virginia Beach personal injury attorneys at Shapiro, Washburn & Sharp can review your case and explain what it may be worth. Call today to set up a free consultation.

What Is Maximum Medical Improvement?

Maximum medical improvement is the point at which doctors feel that your recovery has progressed as much as it is going to. In other words, things are as good as they are going to get. Some people have full recoveries and manage to return to their normal lives. For those with serious injuries, however, MMI means they won’t get much better, if at all, even with additional treatments.

This doesn’t mean that they won’t still need care to manage their symptoms and support to maintain their quality of life; it simply means that they have reached the limit of how much they can physically heal.

What Role Does MMI Play in My Virginia Beach Personal Injury Claim?

In the majority of cases, injured victims need to reach MMI before a fair settlement can be negotiated or accepted. This is because the value of a personal injury claim largely hinges on the medical treatment received and/or the medical treatment needed in the future. By waiting until maximum medical improvement has been reached, you can rest assured that your settlement will include any past and future medical care as well as the full amount of your expected damages.

Settlements for personal injuries typically include financial compensation for lost wages and medical bills. For those with serious injuries who reach MMI but will still need ongoing care, therapies, and medical attention, seeking financial compensation for these projected damages is crucial. Compensation can also be sought for diminished future earning capacity if your injuries prevent you from returning to your job or prove to be a barrier to gainful employment.

If you settle your case before reaching MMI, you might not get enough money to cover your future medical bills or other costs. You need to know your long-term prognosis and what you are going to need in the future before you agree to a settlement.

Until you reach maximum medical improvement, you won’t know what your claim is truly worth. It is not uncommon for insurance companies to strong-arm injured victims into accepting a quick settlement, preferably before they reach MMI and have the full measure of their losses. Bear in mind that, in Virginia, once you agree to a personal injury settlement, you can neither pursue additional damages nor reopen your claim.

Who Determines When MMI Has Been Reached?

Your medical team or physician will decide when you’ve reached maximum medical improvement. How long this takes will depend on the severity of your injuries. Sometimes, you may want another doctor to review your condition and treatment plan.

The insurance company may also challenge your doctor’s findings and ask you to take an Independent Medical Exam. A Virginia Beach personal injury attorney can help ensure that your rights are protected throughout this process and that your settlement accurately reflects your damages.

Your Doctor’s Care Plan and Maximum Medical Improvement

Your doctor will create a treatment plan just for you. If you want to put yourself in the best position to receive maximum compensation, it is important to follow your doctor’s instructions to the letter. If you skip appointments, miss physical therapy, or don’t get your prescriptions filled, the insurer will insist that your injuries are not as serious as you claim they are. If you don’t agree with your doctor’s plan, talk with your medical team first and then speak with your lawyer. You may be able to obtain a second opinion while still maintaining your right to financial compensation.

The Statute of Limitations

While it is important to reach MMI before agreeing to a settlement of your personal injury claim, there are other legal considerations that you must keep in mind.  One such legal consideration is the “statute of limitations.”  This is, in so many words, the deadline by which you must file a claim in a court of law in order to maintain your claim against the at-fault party.  The statute of limitations for most personal injury cases is two (2) years from the date of the incident giving rise to your claim.

This means that, if you are approaching two (2) years from the date of your injury and you have not reached MMI or do not have a reasonable idea of what your MMI will be, you may need to file a lawsuit in order to preserve your right to pursue compensation from the at-fault party.

Shapiro, Washburn & Sharp 

Working with a trusted attorney can make a world of difference in the way your case turns out, as well as mitigate the responsibility and stress of dealing with the insurance and legal processes. When you partner with a Virginia Beach personal injury attorney from Shapiro, Washburn & Sharp, you don’t pay anything out of pocket. We work on a contingency fee basis, meaning we collect a fee only if your case is successful.

Since 1985, we have been helping injured victims seek fair compensation for accidents caused by another person’s negligence. This includes cases like a $2.3 million settlement we achieved for a woman who was struck by the driver of an SUV as she checked her mail.

If you want to talk with a member of our legal team about your personal injury claim and learn about your options, you can set up a free case review by calling (833) 997-1774 or filling out the contact form on our website. We have offices in Virginia Beach, Portsmouth, Hampton, Norfolk, Suffolk, and Kitty Hawk, North Carolina.

 

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