Before Your Claim Settles: The Importance of Hitting MMI
Maximum Medical Improvement (MMI).- You Can't Settle Too Early: Your settlement amount must cover all your past and future medical bills, lost wages, and pain. If you settle too soon, before you know the full extent of your recovery, you may discover later that you need more surgery or treatment. Once you sign the settlement release, you cannot go back and ask for more money, even if your condition worsens.
- The Healing Timeline: For serious injuries, reaching MMI can involve months of physical therapy, specialist consultations, and waiting to see if surgeries are successful. This part of the process is non-negotiable and entirely dependent on your body’s unique healing timeline.
????️ The Pre-Litigation Investigation and Negotiation Phase
Before a lawsuit is even filed, your legal team needs time to build a strong case.
- Gathering Evidence: Your Personal Injury Settlement Maryland must meticulously collect official documents: police reports, all your medical records and bills, wage loss documentation, and witness statements. Hospitals and doctors' offices often have backlogs, and simply obtaining certified records can take weeks or months.
- Disputed Fault (Liability): In Maryland, the law of contributory negligence means that if you are found to be even 1% at fault for the accident, you are barred from recovering any damages. If the insurance company disputes liability, your attorney must spend significant time investigating the accident scene, hiring experts, or doing accident reconstruction to prove the other party was entirely at fault.
- Insurance Company Tactics: Insurance adjusters are trained negotiators whose goal is to save the company money. They often use delay tactics, ignore correspondence, or make a very low initial "low-ball" offer, forcing your attorney into multiple rounds of strenuous negotiation, which adds time.
????️ If a Lawsuit Becomes Necessary: Court Timelines
If negotiations fail to produce a fair settlement offer, a lawsuit must be filed to preserve your rights (Maryland has a general three-year Statute of Limitations). This adds a whole new layer of time.
- Discovery: Once a lawsuit is filed, the formal discovery process begins. This is a court-regulated period where both sides exchange evidence, including written questions (Interrogatories), requests for documents, and taking sworn testimony from witnesses and parties (Depositions). This phase alone can take six months to over a year.
- Court Backlogs: The court system moves at its own pace. Trial dates are set according to the court's calendar, which is often full. Cases can be delayed by scheduling conflicts, motions filed by the defense, or the court prioritizing criminal cases.
The Takeaway
Think of the process less like a sprint and more like a carefully paced marathon. Patience is a necessary tool because taking the time to fully document your injuries and prove liability is what ultimately maximizes your financial recovery. Cutting corners often means settling for less than your case is truly worth.
It's understandable to feel frustrated by the waiting, but having an experienced lawyer focused on your long-term well-being is key to navigating these deliberate delays.