When you reach maximum medical improvement (MMI) after a car accident, your treating doctor has determined your condition has stabilized and is unlikely to improve further. Waiting until MMI lets you and your attorney value your full claim, including future care, before you settle. Oklahoma’s two-year deadline for most car accident lawsuits (12 O.S. § 95) still applies.
Why You Should Wait Until MMI To Settle Your Car Accident Claim
In general, it’s best to wait to settle your car accident case until you have completed treatment related to the wreck or reached MMI. A few reasons this matters:
- Full extent of injuries: Some injuries aren’t immediately apparent or worsen over time. Completing treatment or reaching MMI gives you a clearer picture of your total medical expenses and future treatment needs.
- Accurate valuation: Settling too early can undervalue your claim. Once you reach MMI, you and your attorney can more accurately assess medical bills, lost wages, pain and suffering, and any long-term limitations.
- No surprises: Settling before you finish treatment risks unexpected medical expenses down the road that your settlement won’t cover.
- Stronger negotiating position: Waiting signals to the insurance company that you won’t be pressured into a quick, undervalued settlement, which can lead to a better offer.
Waiting to settle until you’ve completed treatment or reached MMI protects your right to full compensation for the wreck.
What Is Maximum Medical Improvement?
MMI is the point at which a doctor considers your recovery to have plateaued: your condition has stabilized and further functional improvement is unlikely, even with continued treatment or rehabilitation. You have recovered as much as you’re likely to, even if you still need ongoing care to maintain your current level of function.
Reaching MMI doesn’t mean you’re back to the same physical state as before your accident. It means your doctors believe your condition won’t significantly improve beyond where it stands now. MMI matters in a personal injury case because it marks the point at which the full impact of your injuries can be evaluated, which is an important factor in calculating damages in your claim.
How Is MMI Determined After a Car Accident in Oklahoma?
Your treating physician determines when you’ve reached MMI, based on their medical evaluation, your response to treatment, and their opinion on your prognosis. If you file a lawsuit, the insurance company will likely have you attend an insurer-arranged medical exam. Keeping thorough records throughout treatment matters, since a well-documented treatment history provides tangible evidence of your condition and how your injuries have affected your daily life.
How Does MMI Affect Your Car Accident Claim?
Reaching MMI is a significant milestone in your car accident case:
- It lets your attorney fully assess the extent and permanence of your injuries, which is essential for accurately valuing your claim.
- It marks the end of your initial recovery. Any treatment you receive after reaching MMI counts as future damages.
- Oklahoma has a two-year statute of limitations for most car accident lawsuits. Waiting until you reach MMI helps ensure you have a full picture of your damages before that deadline. If you’re still treating and the deadline is approaching, though, you’ll want to file suit anyway.
- If you file before reaching MMI and your condition unexpectedly worsens, you generally can’t go back and ask for more money later. Reaching MMI first helps you avoid undervaluing your claim.
Insurance companies are motivated to settle for as little as possible, so agreeing to a settlement before the full extent of your injuries is known can leave you with far less than you need.
Can I Still Receive Compensation If I Don’t Fully Recover From My Car Accident Injuries?
Yes. Reaching MMI doesn’t mean you’ve fully healed, only that your condition has stabilized. If you have permanent impairments, chronic pain, or need ongoing care because of the accident, you can still recover damages for these losses, including future medical expenses, lost earning capacity, and pain and suffering. Insurers and courts often reference the AMA’s guides for evaluating permanent impairment when a case involves a lasting condition. It’s worth seeing the right type of doctor after a car accident, since orthopedic surgeons, neurologists, and pain management specialists can each document different aspects of a lasting injury and strengthen your claim.
Do I Have to Accept the Insurance Company’s Determination of My MMI?
No. The insurance company may claim you’ve reached MMI to limit your payout early, but your treating physician, not the insurer, determines your MMI status. If the case goes to trial, the jury weighs testimony from both sides’ doctors.
What if My Condition Gets Worse After I Settle My Case?
If your condition worsens after you settle, you typically can’t reopen your claim or seek more money from the insurer. This is why waiting until you reach MMI to resolve your case matters. Once you accept a settlement, you generally can’t go back and ask for more if your condition later gets worse or you need more treatment.
How Long Does It Take To Reach MMI After a Car Accident?
It depends on your injuries, your course of treatment, and your individual healing process. Some people reach MMI within a few months; others take a year or longer. Catastrophic injuries can take significantly longer. Your doctor will continue evaluating your progress to determine your MMI date.
Can I Still Get Pain and Suffering Damages After Reaching MMI?
Yes. Compensation for pain and suffering covers the physical pain, emotional distress, 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.
If you’re not sure whether it’s the right time to settle, an attorney who handles Oklahoma car accident claims can review your treatment records and prognosis with you before you sign anything. Hasbrook & Hasbrook represents injured people across Oklahoma in these claims and can help you time a settlement so it reflects the full extent of your injuries.
