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The Wagners - A Serious Injury Law Firm blog shares Personal Injury stories and opinions relevant to Halifax, Nova Scotia residents. Let us know what you think.

Maximum Medical Improvement: What is it?

by | Monday, June 12, 2017

What is Maximum Medical Improvement?

In the context of personal injury law, Maximum Medical Improvement (“MMI”) is the point at which, in the opinion of your physician, your injuries have improved as much as they are likely to, and no further change in your condition is expected. In other words, you have reached a state where your condition cannot be improved any further, or, with respect to the healing process, you have reached a treatment plateau. When you reach the point of MMI, your condition has stabilized and any functional improvement is unlikely, even with further medical treatment or physiotherapy.

Who can determine whether an individual has reached the point of Maximum Medical Improvement?

Put simply, a physician is the only person who may determine whether you have reached the point of MMI. Oftentimes, they will also provide the date at which this point was reached. When you reach the point of Maximum Medical Improvement your physician may then begin to determine the partial or permanent impairment that will likely affect you for the rest of your life. This becomes crucial as the opinion provided by the physician will outline your permanent level of disability, and your permanent level of disability will help determine the extent of compensation which is available to you.

Independent Medical Examinations

Although your physician may determine that you have reached the point of MMI, the defendant may ask you to submit to an independent medical examination (“IME”). During this process, you will present to a qualified physician. They will read and analyze your medical records, they will conduct an in person examination, and they will determine whether you have reached the point of MMI. If a report is generated, the defendant will then provide this report to you, the plaintiff. Independent medical examinations are often requested by defendants in order to refute the allegations made by the plaintiff i.e. that there is some level of partial or permanent disability. The defendant may also dispute the extent of the disability or impairment. Generally speaking, as the level of impairment decreases, the level of compensation, which is available to the plaintiff in a court of law, will decrease as well.

What is the importance of reaching the point of Maximum Medical Improvement in the personal injury context?

A tortfeasor, or more specifically, the person who is legally responsible for causing your injuries, is required to put you back in the place you would have been in had the negligent act not occurred. MMI is critical to this legal principle. It is critical because the court will determine your functional ability just before the negligent act, in order to compare it to your functional ability after the negligent act. The point of MMI will allow the court to determine your long term functional handicap, or ability, after the negligent act. The tortfeasor is liable, or legally responsible, to compensate you for the difference in your functional ability.

If you or a loved one have been seriously injured due to someone else’s negligence, and you are unsure what you can claim for, the legal team at Wagners can help you. You can reach us at 902-425-7330 or 1-800-465-8794.

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Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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