After a dangerous accident, injury victims and their families are often anxious to take legal action against those responsible. Almost immediately, these victims are feeling the squeeze of mounting medical bills and lost wages and want to ensure that their recovery does not leave them financially hobbled.
However, while contacting a legal counselor as soon as possible is always recommended, it is often the case that filing a claim must wait temporarily while the victim recovers. This is due to a legal concept known as maximum medical improvement, or MMI.
MMI is a health status that is determined by qualified medical professionals. When doctors determine that an injury victim will improve no further from their injury, they have reached MMI.
Often this means the victim has fully recovered and other times it means the victim will still experience lasting effects of their trauma. For victims who have suffered brain or spinal damage, for example, MMI means that their recovery has plateaued and their quality of life can be reasonably predicted.
Why MMI Matters
MMI is critical to determine prior to filing an injury claim because it allows your attorney to accurately calculate the compensation they are owed. Sometimes this means addressing the full scope of a plaintiff's post-accident medical treatment—other times it means calculating their predicted ongoing quality of life needs for months or even years into the future.
So, for example, let's imagine the theoretical case of David, a contractor who was hurt on the road by a distracted driver. The collision fractured David's hip and required a sensitive surgery. David filed a claim and won, covering the cost of his emergency care and surgery. However, later he found that he needed extensive physical therapy to get his hip in a condition that would allow him to work as a contractor again. This is the point where David has reached MMI and if he hadn't jumped the gun on his injury claim, his additional lost wages and physical therapy costs could have been included in his initial suit.
Even if waiting to file your claim makes sense, it is always advised that you speak with legal counsel immediately. If you or a loved one has been hurt by someone else, we invite you to call us at The Law Offices of Gerald L. Marcus. Our proven Calabasas personal injury lawyers have recovered millions of dollars in relief for our clients and know what it takes to assert their claims both in and outside the courtroom.
Call us today to start exploring your options. Se Habla Español.