It is usually the case that, by a time a personal injury suit is filed, the injury victim has fully or nearly fully recovered from their injury. Because of this, it is easy to calculate the total amount of money the victim is seeking to cover their medical bills, lost wages, and other injury-related costs. However, in cases where injuries are catastrophic and the victim must deal with ongoing treatment or lasting effects of their accident, these dollar amounts can be tougher to determine. In this cases, maximum medical improvement must be established.
Maximum medical improvement, or MMI, is the point at which medical professionals have determined that an injury victim has recovered as much as possible from their accident. Keep in mind that MMI does not mean the victim has "fully recovered," it means that doctors believe that the patient will not recover any further.
This point in the victim's recovery is critical to filing an injury suit because then medical personnel, lawyers, and loved ones can work together to predict the ongoing treatments and costs the victim will need to live comfortably and function best as possible following their injury. These costs can then be included in the suit against the responsible parties.
Filing an injury suit before MMI is reached can result in:
- A suit that underestimates the victim's actual medical costs
- A suit that does not address ongoing care or foreseeable complications
- A suit that does not address other quality of life costs
MMI in Action
To illustrate further how MMI works, let's look at a simple example: John has gotten into a car accident that was caused by another driver that severely injured his arm. John is a factory worker and needs his arm healthy to continue to work. His arm surgery is successful, but he wants to file suit to cover the medical costs.
John wins his suit to cover medical/surgery costs, but in the coming months, realizes through physical therapy that he will still not regain full function of his arm. This is the point at which MMI should have been declared-- because now John has to transition to another job, and in the meantime cannot seek lost wages as part of his already resolved injury suit.
As you can see, MMI is critical part of an injury suit and it is important to have counsel who is not out for swiftest, easiest payday possible. At Clancy & Diaz, LLP, our team is well-versed with working alongside medical professionals to assess the immediate and future needs of our clients. When we file suit on behalf of an injury victim, they can rest assured that the full breadth of their post-accident needs will be assertively spoken for.
Seek maximum compensation for the negligence that harmed you. Contact our skilled Oakland personal injury attorney at (925) 835-7500 today.