Simple rule: Wait to settle your case until you have completed treatment related to the wreck or reached “Max Medical Improvement.”
- Full Extent of Injuries: Waiting allows you and your attorney to understand the full extent of your injuries. Some injuries may not be immediately apparent or may worsen over time. By completing treatment or reaching MMI, you have a clearer picture of your total medical expenses and future treatment needs.
- Accurate Valuation: Settling too early could undervalue your claim. Once you complete treatment or reach MMI, you can more accurately assess the total impact of the wreck on your life, including medical bills, lost wages, pain and suffering, and any long-term disabilities. This helps ensure fair compensation.
- No Surprises: If you settle before completing treatment, you risk incurring additional unexpected medical expenses after settlement. By waiting, you avoid surprises and ensure the settlement accounts for all related expenses.
- Maximum Recovery: Completing treatment or reaching MMI often leads to maximum medical recovery. This is important for your health and also for your claim, as it demonstrates you took all necessary steps to heal and mitigate damages.
- Stronger Negotiating Position: By waiting, you signal to the insurance company that you are fully prepared to negotiate and will not be pressured into a quick, undervalued settlement. This can lead to better offers and a more favorable outcome.
Of course, every case is unique, and your attorney can best guide you on when to settle based on your specific circumstances. However, in general, this simple rule helps protect your rights and optimize your potential settlement after a wreck.
What is Maximum Medical Improvement?
Maximum Medical Improvement (MMI) is the point at which your condition has stabilized, and further functional improvement is unlikely despite continued medical treatment or rehabilitation. In other words, you have recovered as much as you are likely to, even if you may require ongoing care to maintain your level of function.
Reaching MMI does not necessarily mean you have returned to the same physical state as before your accident. It simply means your doctors believe your condition will not significantly improve beyond its current state. MMI is a critical juncture in your personal injury case because it marks the point at which the full impact of your injuries can be evaluated. Determining your MMI involves a thorough medical assessment and is an important factor in calculating damages in your claim.
How is MMI determined after a car accident in Oklahoma?
Under Oklahoma law, your treating physician makes the determination of when you have reached MMI. This decision is based on their medical evaluation, your response to treatment, and their expert opinion on your prognosis. If you file a lawsuit, the insurance company will likely have you attend an “independent medical examination.”
How Does MMI Affect Your Car Accident Claim?
Reaching MMI is a significant milestone in your car accident case for several reasons:
- It allows your attorney to fully assess the extent and permanence of your injuries and damages. This is essential for accurately valuing your claim.
- It marks the end of your initial recovery process. Any medical treatment you receive after reaching MMI is considered part of your future damages.
- Oklahoma has a two-year statute of limitations for most car accident lawsuits. Waiting until you reach MMI ensures you have a complete picture of your damages before this deadline approaches. However, you will want to file the lawsuit if you are still treating and the statute of limitations is about to occur.
- If you file your case in court before reaching MMI and your condition unexpectedly deteriorates, you cannot go back and ask for additional compensation later. Reaching MMI first helps avoid undervaluing your claim.
While you may be eager to resolve your case as quickly as possible, settling before reaching MMI can significantly shortchange your recovery. Insurance companies are motivated to settle claims for as little as possible. If you agree to a settlement before the full extent of your injuries is known, you may end up with far less compensation than you need and deserve.
Can I still receive compensation if I don’t fully recover from my car accident injuries?
Yes. Reaching MMI does not mean you have fully healed; it is only that your condition has stabilized. If you have permanent impairments chronic pain, or will require ongoing care due to the accident, you can still recover damages for these losses. This includes compensation for future medical expenses, lost earning capacity if your ability to work is affected, and pain and suffering.
Do I have to accept the insurance company’s determination of my MMI?
No. The insurance company may try to claim you have reached MMI to limit your payout prematurely. However, your treating physician, not the insurer, determines your MMI status. The jury will evaluate testimony from both doctors.
What if my condition gets worse after I settle my case?
If your condition deteriorates after settling, you likely cannot reopen your claim or seek additional compensation from the insurer. This is why waiting until you reach MMI to resolve your case is crucial. Once you accept a settlement, you typically cannot go back and ask for more money later if your condition worsens or you need additional treatment.
How long does it take to reach MMI after a car accident?
The time to reach MMI varies depending on your specific injuries, course of treatment, and individual healing process. Some people may reach MMI within a few months, while others may take a year or longer. In cases involving catastrophic injuries, it can take a significant amount of time to reach MMI. Your doctor will continually evaluate your progress to determine your MMI date.
Can I still get pain and suffering damages after reaching MMI?
Yes, pain and suffering damages compensate you for the physical pain, emotional anguish, and loss of enjoyment of life caused by the accident and your injuries. These are separate from your economic damages, like medical bills and lost wages.
