The Concept of Maximum Medical Improvement in the Work of an Auto Accident Attorney

by | Feb 18, 2016 | Legal Services

An Auto Accident Attorney helps clients obtain a reasonable settlement from an at-fault driver’s insurance company. In many cases, the insurer begins with a low settlement offer that seems unfair to the injured person. This person may not even be close to maximum recovery, as determined by a doctor.

But what about people that never fully recover? Someone who has suffered an amputation, for instance, will qualify for a specific dollar amount this insurer has assigned to that loss. There are industry standards for these kinds of compensation, making it a relatively straightforward situation. An Auto Accident Attorney may demand more if circumstances make the amputation even more of a hardship than would be considered typical. Losing a finger, for example, is traumatic for anyone, but the situation is worse for someone who can no longer do his or her job after losing a finger.

There also are individuals who never fully recover from injuries that are not visible on the surface. Someone may suffer chronic back or muscle pain after an automobile accident, and it may not be entirely clear to the primary care doctor, an orthopedic surgeon or a physical therapist how long this will go on. This is a circumstance in which the concept of maximum medical improvement has a role. The person’s health care team may decide at some point that the patient is not likely to improve beyond this level. The doctors may discuss a need for additional physical therapy in the future if the patient’s condition starts to worsen, or even a recommendation for surgery if that happens.

The patient, the insurer and a firm such as the Law Office of Carey Thompson must come to an agreement on an appropriate settlement in these uncertain circumstances. If the insurer does not agree to the settlement demand, a personal injury attorney will bring the case to court. This is uncommon, however, as insurance companies would just as soon avoid going to trial. Defending against litigation is expensive and a jury may award the plaintiff more than the attorney had even asked for.

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