In personal injury cases, one of the most critical factors that influence the settlement amount is the extent and long-term impact of the injuries sustained. A key element of this is the medical prognosis, which outlines the likely course and outcome of medical conditions or injuries over time.
Here are some reasons why personal injury lawyers often wait for a medical prognosis before beginning settlement talks:
Comprehensive Understanding of Injuries
A medical prognosis provides detailed information on the nature of the injuries, the treatment needed, and the expected time for recovery. This comprehensive understanding is essential for accurately estimating current and future medical costs, which constitute a significant portion of the settlement.
Assessing Long-term Impact
Some injuries may have long-lasting or even permanent effects that could impact an individual's ability to work or enjoy life as they did before the incident. The medical prognosis helps in assessing these long-term implications, which could substantially affect the compensation amount.
Determining Maximum Medical Improvement (MMI)
Often, lawyers wait for the injured party to reach what is known as "Maximum Medical Improvement" or MMI. This is the point at which the injured person's condition has stabilized, and no significant improvement is expected. Knowing the MMI is crucial for calculating final medical bills, long-term care costs, and other future expenses or losses related to the injury.
Avoiding Premature Settlement
Starting settlement talks without a medical prognosis could lead to an underestimate of the compensation needed. Once a settlement is reached, it's typically final and cannot be revised later if new medical issues related to the injury arise. Waiting for a prognosis helps avoid the risk of a premature settlement that doesn't adequately cover all expenses and losses.
Strengthening the Legal Case
A detailed medical prognosis can serve as compelling evidence in legal proceedings, substantiating the claim for compensation. It can demonstrate the severity of the injury and the necessity for various treatments, thereby strengthening the case against the liable party.
Because a fair and just settlement in a personal injury case hinges significantly on the scope and duration of medical treatment, lawyers often opt to wait for a comprehensive medical prognosis before initiating settlement talks. This approach ensures that all medical expenses—both current and future—are accounted for, thus helping the injured party secure a settlement that truly reflects their needs and suffering.
How Much is Your Claim Worth? Do You Need A Personal Injury Attorney?
The only way to know for sure the value of that case, and how long you have to negotiate and/or file a lawsuit is through the help of a personal injury or wrongful death attorney in Connecticut.
To get the representation you need so that you obtain full and fair compensation for all damages in your specific circumstances you can contact me through this online form or call me at 203.339.5991.
I am here to listen to you about what happened and identify the best legal options for you. Your consultation is confidential and free.