Do I Need Maximum Medical Recovery To File My Personal Injury Claim?
Most car accident victims suffer severe injuries that push them to stay for weeks, months, or years before recovery. As such, one may wonder at what time they should wait to start filing a personal injury claim.
If you have suffered severe injuries after a car accident, have sought medical attention but wondering whether to file your claim before full recovery, this guide will help you.
What Is Maximum Medical Improvement In Car Accident Cases?
Maximum medical improvement is referred to as when a car accident victim reaches a state in their medical condition that cannot be improved. It’s also referred to as a treatment plateau, where the victim’s condition stabilizes, and no treatment would change their situation.
Your doctor is obligated to give you an MMI to prove that you have reached your final prognosis regarding your future medical expenses. Then, the at-fault driver’s insurance should pay for the requested medical expenses that the treating doctor believes will be needed to improve your conditions.
The main question among car accident victims is whether they have to wait for their MMI before accepting any settlement offer. With MMI, a victim has what it takes to file a personal injury claim. But, it doesn’t mean that you cannot start your claim before getting your MMI, it’s only a safe way to ensure you get what you deserve due to the other driver’s negligence.
Settling your personal injury claim before your doctor gives you the go-ahead of your recovery is a bad recipe for your car accident claim. If you have not yet finished your treatment, it becomes hard to define how your injuries will turn out to be, whether they will worsen, or you will recover within no time.
To reach you MMI, it would be vital to attend all the medical appointment and follow-up clinics. This will be one way the at-fault driver insurance company will be keen to observe. You have to show them that you mitigate your damages. This means looking for all possible ways to ensure you get your health back by avoiding anything that would hinder your quick recovery.
Any treatment received after MMI may be limited to compensation. For instance, if you sign a release way before your MMI, this means that you will have released the at-fault driver insurance company their liability. As such, it becomes hard to get any compensation.
You should understand your MMI correctly. This is what the medical doctor will use to determine the amount your injuries are entitled to. One more thing is to check whether your doctor’s medical report reflects your true injuries. Note that the insurance will also have a follow-up on whether you have conflicting information about your injuries.
Why Should I Wait To Reach An MMI For My Injury Case?
If you suffered temporary or permanent injuries, you would take some time before your recovery. This means that your MMI will also take time. While you may find it hard to wait long before filing your claim, this should act in your best interest.
There are many reasons as to why you should choose to wait until you reach your MMI:
- You will value your claim appropriately. When receiving compensatory damages for your claim, you will need to have the figure of what you have spent on your injuries. Without MMI, it becomes hard to add up your past, ongoing, and future medical expenses.
- It gives your Bakersfield car accident attorney an easier time when coming up with total damages.
Filing Your Personal Injury Claim
If you have been receiving treatment after a car accident caused by negligence, don’t accept to sign any release. The insurance can quickly take advantage of you once they realize you have signed off without reaching your MMI. In fact, this would act in their best interest as they will be inclined to offer you a lower settlement.
To file your claim, you need to understand the nature and extent of your injuries and what medical expenses will be needed to reach your treatment plateau. This is one best strategy to reaching a settlement in your personal injury case.
Remember, once you sign, you will have forfeited all your legal rights to get fair compensation. More to this, if your injuries become worse, you will have to use your money to cater for such injuries caused by negligence. That’s why you cannot dare a self-representation.
If your doctor has declared that your medical condition has reached a prominent and stationary situation, it would be a good chance to recoup all your damages. Once you settle your claim, this will be final.
You may not be sure how to go about your case. In such a case, it would be better to request a free consultation and have the best lawyers evaluate your claim.