One of the keys to receiving fair compensation for your injuries in an Illinois auto accident or personal injury case is to prove that your injuries are permanent.
-Ryan Bradley, Partner, Koester & Bradley LLP
Many Injuries from Personal Injuries and Auto Accidents are Permanent--Learn How to Prove It
In Illinois like almost every other state, if you were hurt in an accident and if you can win your personal injury case, you will receive compensation for your injuries. However, if you had to endure very serious injuries, there may come a time where you reach what is referred to as the maximum medical improvement. Typically, this determination is most often made in workers compensation situations, but it is relevant in automobile wrecks and trucking accidents as well. A determination of maximum medical improvement means that you will not heal anymore than you have already healed, and this determination usually comes from a doctor.
Does maximum medical improvement mean that I have no permanent injuries?
The answer is no. For example, assume that you fractured your back in an automobile accident. You undergo surgery and physical therapy. Finally, after months of treatment your spine surgeon establishes that you have reached your maximum level of improvement. This determination does not mean that you will not suffer the repercussions of you injury for the rest of your life, but only that you not get any better.
For some, this point of maximum medical improvement comes when they are fully healed. Their compensation stops and they return back to work and normal activities. Unfortunately, for serious accidents, this moment of maximum medical improvement doesn't mean they are fully healed. If you will no longer improve in condition, you will then be considered to have permanent impairment. In some cases, this means that person will never regain full range of motion in their shoulders, or it can be even more serious like a person no longer regaining the use of a limb. If this is the case, a doctor will examine your impairment to see if it will be considered partial disability or full disability. This percentage of disability will affect how much you can receive for the impairment.
If you have reached maximum medical improvement, but still are not fully healed, having your injury labeled as permanent will mean you can continue to collect a certain amount of compensation for that impairment. However, you can't ask for this during your personal injury case. It is something that must be accessed after the healing is done. If you suspect you may have permanent impairment, this means you need to communicate that with your lawyer so the settlement has provisions to provide for permanent compensation just in case permanent impairment does manifest. Koester & Bradley is an Illinois leader in receiving compensation for permanent injuries and building a case for such injuries.
If you have been hurt in an accident, you hope you won't have long-term injuries, but if you do, you want a settlement that can cover it. If you have been hurt and need help with your personal injury case, contact us today.
By: Ryan Bradley, Partner, Koester & Bradley, LLP