You’re sitting in another doctor’s appointment, wondering when this whole nightmare will finally end. Your back still aches from that car accident six months ago, the insurance adjuster keeps calling with lowball offers, and you’re not even sure if you’re getting better anymore. Sound familiar?
If you’ve been injured in Colorado, you’ve probably heard the term “Maximum Medical Improvement” or MMI thrown around. But what does it actually mean for your case? And more importantly, when should you consider settling?
Let me break this down for you in plain English. After working with injury cases for years, I’ve seen too many people settle too early or wait too long – both mistakes that can cost you thousands of dollars and months of unnecessary stress.
What Exactly Is Maximum Medical Improvement?
Think of Maximum Medical Improvement as that point where your body has basically done all the healing it’s going to do. It doesn’t mean you’re 100% back to normal – unfortunately, that’s not always possible. What it means is that your condition has stabilized, and further medical treatment isn’t likely to significantly improve your situation.
Your doctor will be the one to make this determination. They’ll look at your progress over time, review your test results, and assess whether additional treatment is likely to help. Sometimes MMI comes with a full recovery. Other times, you might be left with permanent limitations or ongoing pain.
Here’s what’s tricky: reaching MMI doesn’t necessarily mean you stop all treatment. You might still need physical therapy, pain management, or even surgery. But the focus shifts from “getting better” to “managing your condition.”
The Medical Side of Things
When doctors consider MMI, they’re looking at several factors:
Your healing timeline: Most soft tissue injuries heal within 3-6 months, while broken bones might take 6-12 months. But everyone’s different, and some injuries just take longer.
Response to treatment: If you’ve been doing physical therapy for months without improvement, that’s a sign you might be approaching MMI. Same goes for medications that aren’t helping anymore.
How well you can move and function: Can you do the things you could do before? If your abilities have plateaued despite treatment, MMI might be on the horizon.
Pain levels: If you’ve had chronic pain that hasn’t changed much for months, especially if pain management isn’t really helping, that’s often a sign you’re at MMI.
Why MMI Matters for Your Case
Here’s where it gets legally interesting. In Colorado, MMI is like a green light for settlement negotiations. Before you reach MMI, it’s really hard to know what your case is worth because nobody knows how much you’ll ultimately recover.
Think about it this way: if you’re still improving, how can anyone put a dollar figure on your damages? You might get completely better, or you might plateau with significant limitations. That uncertainty makes it tough to negotiate a fair settlement.
Once you reach MMI, everyone has a clearer picture of your situation. Your medical team knows what your long-term prognosis looks like, you know what your daily limitations are, and the insurance company can better assess their potential liability.
Common Mistakes People Make Before Reaching MMI
I’ve seen these mistakes more times than I can count, and they can seriously hurt your case.
Settling Too Early
This is probably the biggest mistake I see. You’re tired of dealing with insurance companies, medical bills are piling up, and that settlement offer looks pretty tempting. But settling before MMI is like selling your house before you know what it’s worth.
Sarah’s story is a perfect example. She was rear-ended in Colorado Springs and suffered what seemed like minor neck injuries. The insurance company offered $15,000 after two months, and she was tempted to take it. Good thing she waited – it took eight months to reach MMI, and by then, it was clear she had permanent nerve damage that would require ongoing treatment. Her final settlement was $85,000.
Ignoring Your Doctor’s Advice
Some people get so focused on reaching MMI that they skip appointments or don’t follow through with treatment. Bad idea. Not only does this hurt your recovery, but insurance companies will argue that you didn’t take your injuries seriously.
Assuming MMI Means You’re Done
Just because you’ve reached MMI doesn’t mean you have to settle immediately. You still have time to evaluate your options and make sure any settlement offer is fair.
How Long Does It Usually Take to Reach MMI?
This is probably the question I get asked most, and honestly, there’s no magic timeline. Every injury is different, every person heals differently, and every case has its own complications.
That said, here are some general timeframes I’ve observed:
Minor Soft Tissue Injuries
These usually reach MMI within 3-6 months. Think whiplash, minor sprains, or bruising. If you’re dealing with lingering pain after six months, there might be more going on than initially thought.
Moderate Injuries
Broken bones, herniated discs, or injuries requiring surgery often take 6-12 months to reach MMI. Sometimes longer if complications arise or if you need multiple procedures.
Severe Injuries
Traumatic brain injuries, spinal cord damage, or injuries requiring extensive reconstruction can take 18-24 months or even longer to reach MMI. These cases require patience – rushing the process helps nobody.
Factors That Affect Your Timeline
Your age: Younger people generally heal faster, but there are always exceptions.
Overall health: If you were in great shape before your accident, you’ll probably recover faster than someone with pre-existing conditions.
Type of treatment: Some treatments take time to show results. Don’t expect instant improvement from physical therapy or injections.
Compliance with treatment: Following your doctor’s orders consistently will help you reach MMI faster and with better results.
Complications: Infections, additional injuries, or adverse reactions to treatment can extend your timeline significantly.
Red Flags That You Might Not Be at MMI Yet
Sometimes there’s pressure to declare MMI before you’re really there. Here are some warning signs that you might need more time:
You’re Still Improving
If you’re seeing consistent improvement in your pain levels, range of motion, or daily function, you’re probably not at MMI yet. Don’t let anyone rush you if you’re still getting better.
New Symptoms Are Appearing
Sometimes injuries reveal themselves slowly. If you’re developing new symptoms or if existing symptoms are getting worse, you definitely haven’t reached MMI.
You Haven’t Tried All Treatment Options
If your doctor is suggesting additional treatments – whether it’s a different type of therapy, injections, or even surgery – you’re not at MMI. Make sure you’ve explored all reasonable treatment options.
Your Daily Life Is Still Significantly Impacted
If you can’t perform basic daily activities or return to work, and there are still treatment options available, you probably haven’t reached MMI.
The Role of Independent Medical Examinations
Here’s something that might catch you off guard: the insurance company might want you to see their own doctor for an Independent Medical Examination (IME). I put “independent” in quotes because these doctors are hired by the insurance company, so take their opinions with a grain of salt.
These IMEs often happen when there’s disagreement about whether you’ve reached MMI. Your doctor says you need more treatment, but the insurance company thinks you’re fine. So they send you to their doctor for a “second opinion.”
What to Expect at an IME
The exam itself is usually pretty straightforward. The doctor will review your medical records, ask about your symptoms, and perform a physical examination. They might order additional tests or imaging.
Here’s what you need to know: this doctor doesn’t work for you. They’re hired by the insurance company, and their job is to minimize the insurance company’s liability. That doesn’t mean they’ll lie or be unethical, but their perspective is definitely different from your treating physician’s.
How to Handle an IME
Be honest about your symptoms and limitations, but don’t downplay them. Some people try to “tough it out” during these exams, which can backfire spectacularly.
Stick to the facts about how your injuries affect your daily life. Don’t exaggerate, but don’t minimize either. If you can’t lift your arm above your head, say so. If you’re in pain when you walk, mention that.
Also, remember that this doctor has only seen you once, while your treating physician has been following your case for months. Their opinion carries more weight in most situations.
When Insurance Companies Push for Early Settlement
Insurance companies are businesses, and their goal is to resolve claims as cheaply as possible. That means they have every incentive to push for settlement before you reach MMI.
They’ll use various tactics to pressure you into settling early:
The “This Offer Won’t Last” Approach
They’ll tell you the settlement offer has an expiration date and try to create artificial urgency. Don’t fall for it. Legitimate settlement negotiations don’t work this way.
Questioning Your Treatment
They might suggest that you’re getting unnecessary treatment or that you should be better by now. Remember, they’re not medical professionals, and they don’t have your best interests at heart.
Delaying Tactics
Sometimes they’ll drag out the claims process, hoping you’ll get frustrated and accept a lowball offer. This is especially common when people are struggling financially due to their injuries.
The “Nuisance Value” Offer
This is when they offer a small amount just to make the case go away, regardless of your actual damages. These offers are usually insulting and nowhere near what your case is worth.
Working With Your Medical Team
Your relationship with your medical team is super important during this whole process. These are the people who understand your injuries best and can provide the most accurate assessment of your condition.
Being Honest About Your Symptoms
I can’t stress this enough: be completely honest with your doctors about how you’re feeling. Some people downplay their symptoms because they don’t want to seem like complainers. Others exaggerate because they think it will help their case. Both approaches can hurt you.
Your doctors need accurate information to provide appropriate treatment and make informed decisions about MMI. If you’re having good days and bad days, tell them about both. If certain activities make your pain worse, mention that. If you’re feeling better than you were last month, that’s important information too.
Following Treatment Recommendations
This seems obvious, but you’d be surprised how many people don’t follow through with their treatment plans. Maybe they skip physical therapy appointments because they’re busy, or they don’t take medications as prescribed because of side effects.
Not following your treatment plan can hurt your case in multiple ways. First, it might delay your recovery and extend the time it takes to reach MMI. Second, insurance companies will argue that you didn’t take your injuries seriously if you weren’t compliant with treatment.
If you’re having trouble with your treatment plan – whether it’s financial issues, scheduling conflicts, or side effects from medications – talk to your medical team. They can often work with you to find solutions.
Getting Second Opinions When Appropriate
Sometimes it makes sense to get a second opinion, especially for complex injuries or when surgery is being recommended. This isn’t about doctor shopping until you find someone who tells you what you want to hear. It’s about making sure you’re getting the best possible care.
A second opinion can also be valuable if there’s disagreement about whether you’ve reached MMI. Having multiple medical professionals weigh in on your condition can strengthen your case.
The Financial Impact of Timing Your Settlement
The timing of your settlement can have a huge impact on how much money you ultimately receive. Let me walk you through some scenarios to illustrate this point.
Scenario 1: Settling Too Early
Let’s say you were injured in a car accident and the insurance company offers $25,000 after three months. Your medical bills so far are $8,000, you’ve missed two weeks of work (costing you $2,400), and you’re still in pain but seem to be improving.
You’re tempted to take the offer because $25,000 sounds like a lot of money, and you’re tired of dealing with the whole situation. But what if you’re not actually at MMI yet?
Fast forward six months: you’ve now had an MRI that shows a herniated disc that wasn’t visible on earlier imaging. You need injections and possibly surgery. Your total medical bills are now $35,000, you’ve missed two months of work ($9,600), and you have permanent limitations that affect your ability to do your job.
That $25,000 settlement that seemed generous early on doesn’t even cover your medical bills, let alone your lost wages and pain and suffering.
Scenario 2: Waiting for MMI
Same accident, but this time you wait to settle until you reach MMI at eight months post-accident. By then, the full extent of your injuries is clear. Your medical bills total $40,000, you’ve lost $12,000 in wages, and you have permanent restrictions that will affect your earning capacity.
Now when you negotiate with the insurance company, you have a complete picture of your damages. Instead of $25,000, you might settle for $125,000 or more, depending on the specifics of your case.
The difference in these scenarios isn’t just the dollar amounts – it’s about having complete information when you make your decision.
Understanding Your Future Medical Costs
One of the biggest advantages of waiting until MMI is that you’ll have a better understanding of your future medical needs. Will you need ongoing physical therapy? Regular injections? Future surgery? These costs can add up quickly.
If you settle before MMI, you’re essentially gambling that your current treatment will be sufficient. If it turns out you need additional care, you’ll be paying for it out of your own pocket.
Your medical team can help estimate future medical costs once you reach MMI. This information is really important for figuring out a fair settlement amount.
Different Types of Injuries and MMI Timelines
Not all injuries are created equal when it comes to MMI. Let me break down some common injury types and what you can typically expect.
Whiplash and Soft Tissue Injuries
These are probably the most common injuries we see from car accidents. The good news is that most people with whiplash recover completely within 3-6 months. The bad news is that some people develop chronic pain that can last much longer.
With whiplash, MMI is usually reached when your pain levels and range of motion have been stable for several weeks. If you’re still improving with treatment, you haven’t reached MMI yet.
Some people develop what’s called “whiplash associated disorder,” which can include headaches, dizziness, and cognitive problems in addition to neck pain. These cases often take longer to reach MMI because the symptoms are more complex.
Broken Bones
Fractures are usually more straightforward than soft tissue injuries when it comes to MMI. Most broken bones heal within 6-12 months, and MMI is typically reached when the bone has fully healed and you’ve regained as much function as possible.
However, some fractures can lead to complications like arthritis, ongoing pain, or reduced range of motion. If you’re dealing with these issues, it might take longer to reach MMI.
Complex fractures that require multiple surgeries or hardware implantation can take 12-18 months or longer to reach MMI.
Back and Spine Injuries
These are often the most complicated injuries when it comes to determining MMI. The spine is complex, and injuries can affect not just your back but also your arms, legs, and overall function.
Herniated discs might heal with conservative treatment in 6-12 months, but some require surgery. If you need surgery, MMI typically isn’t reached until 6-12 months after the procedure.
Spinal fusion surgeries can take 12-24 months to reach MMI, and some people never return to their pre-injury function level.
Traumatic Brain Injuries
TBIs are probably the most unpredictable injuries when it comes to MMI. The brain can continue healing for years after an injury, but most of the improvement happens in the first 12-24 months.
With TBIs, MMI is often more about reaching a stable plateau than achieving maximum recovery. Cognitive rehabilitation can continue for years, but there comes a point where additional improvement is unlikely.
These cases require patience and often involve multiple specialists. Don’t let anyone rush you toward MMI if you’re still seeing improvement in your cognitive function.
Psychological Injuries
Don’t forget about the mental and emotional impact of your accident. PTSD, depression, and anxiety are real injuries that deserve treatment and consideration in your settlement.
Psychological injuries can be just as debilitating as physical ones, and they often take time to fully show up. You might not realize you’re dealing with PTSD until months after your accident.
MMI for psychological injuries is reached when your mental health has stabilized with treatment. This might mean you’re still taking medication or attending therapy, but your condition is no longer improving significantly.
Red Flags: When Insurance Companies Are Being Unreasonable
Unfortunately, not all insurance companies play fair during the claims process. Here are some warning signs that you might be dealing with bad faith tactics:
Unreasonable Delays
If the insurance company is taking months to respond to your claim or constantly asking for the same documentation over and over, they might be trying to wear you down.
In Colorado, insurance companies have specific timeframes for responding to claims. If they’re not meeting these deadlines, you might have grounds for a bad faith claim.
Lowball Offers
If their settlement offer doesn’t even cover your medical bills, let alone your other damages, they’re probably not negotiating in good faith.
Denying Obvious Claims
Sometimes insurance companies will deny claims that are clearly covered under the policy, hoping you’ll give up or accept a reduced settlement.
Pressuring You to Settle
If they’re constantly calling with “final offers” or creating artificial deadlines, they’re trying to pressure you into settling before you’re ready.
Questioning Every Medical Treatment
While insurance companies have the right to review your medical treatment, constantly questioning every doctor visit or therapy session is a red flag.
If you’re experiencing any of these issues, it might be time to file a complaint against the insurance company or consider getting legal help.
The Role of Legal Representation
I know what you’re thinking – of course the lawyer is going to tell you that you need a lawyer. But hear me out. There are definitely cases where you can handle things on your own, and others where legal representation is almost essential.
When You Might Not Need a Lawyer
If your injuries are minor, you’ve fully recovered, and the insurance company is making reasonable settlement offers, you might be able to handle your case yourself. This is especially true for minor fender-benders with soft tissue injuries that heal completely.
When You Should Seriously Consider Legal Help
Complex injuries: If you’re dealing with brain injuries, spinal injuries, or injuries that require surgery, the stakes are high enough that legal representation makes sense.
Disputed liability: If there’s disagreement about who caused the accident, you’ll want legal help to protect your interests.
Significant damages: If your medical bills are over $10,000 or you’ve missed significant time from work, the potential settlement amount is large enough to justify legal fees.
Insurance company bad faith: If the insurance company is playing games or acting unreasonably, a lawyer can level the playing field.
Permanent injuries: If you have permanent limitations or ongoing pain, calculating fair compensation gets complicated quickly.
What to Look for in Legal Representation
Not all lawyers are created equal. Here’s what you should look for:
Experience with your type of case: Make sure they regularly handle injury cases similar to yours.
Good communication: You should feel comfortable asking questions and getting straight answers.
Transparent fee structure: Most injury lawyers work on contingency, meaning they only get paid if you win. Make sure you understand their fee structure upfront.
Local knowledge: Colorado laws and local court procedures matter. You want someone who knows the local scene.
At McCormick & Murphy P.C., we’ve been handling injury cases in Colorado since 1995. We understand the local courts, know how insurance companies operate in this state, and have the experience to handle complex injury cases. You can check out our professional credentials and client reviews to see what our clients have to say about working with us.
We work on a contingency fee basis, which means you don’t pay attorney fees unless we recover money for you. If there’s no recovery, there’s no fee.
Calculating Your Settlement Value
Once you reach MMI, it’s time to figure out what your case is actually worth. This isn’t as straightforward as you might think, and there are several categories of damages to consider.
Economic Damages
These are the “easy” damages to calculate because they have specific dollar amounts attached:
Medical bills: This includes everything from emergency room visits to physical therapy to prescription medications. Make sure you include estimated future medical costs if you’ll need ongoing treatment.
Lost wages: If you’ve missed work due to your injuries, you’re entitled to compensation for that lost income. This includes vacation days or sick leave you had to use.
Reduced earning capacity: If your injuries prevent you from doing your job as effectively as before, or if you had to take a lower-paying position, you can claim the difference in earning capacity.
Property damage: If your car was damaged in the accident, the repair or replacement costs are part of your claim.
Non-Economic Damages
These are harder to calculate but often make up a significant portion of your settlement:
Pain and suffering: This covers the physical pain you’ve experienced and will continue to experience.
Emotional distress: The psychological impact of your injuries and the accident itself.
Loss of enjoyment of life: If your injuries prevent you from enjoying activities you used to love, that has value.
Loss of consortium: If your injuries have affected your relationship with your spouse, they might have a claim as well.
How Insurance Companies Calculate Settlements
Insurance companies typically use one of two methods to calculate pain and suffering:
The multiplier method: They take your economic damages and multiply by a number between 1.5 and 5, depending on the severity of your injuries.
The per diem method: They assign a daily dollar amount to your pain and suffering and multiply by the number of days you’ve been affected.
Neither method is perfect, and the actual settlement amount depends on many factors including the strength of your case, the skill of your negotiator, and the insurance company’s policies.
Factors That Increase Settlement Value
Clear liability: If it’s obvious the other party was at fault, your case is worth more.
Severe injuries: More serious injuries generally result in higher settlements.
Permanent impairment: If you have lasting limitations, that increases your settlement value.
High medical bills: Larger medical expenses often correlate with higher settlements.
Lost income: If you’re a high earner who missed significant work, that increases your damages.
Good documentation: Clear medical records and thorough documentation of your damages help maximize your settlement.
Factors That Might Decrease Settlement Value
Disputed liability: If there’s question about who was at fault, settlement values go down.
Pre-existing conditions: If you had similar injuries before the accident, that might reduce your settlement.
Gaps in treatment: If you stopped treating for a while, insurance companies will argue your injuries weren’t that serious.
Inconsistent statements: If your story about the accident or your injuries changes over time, that hurts your credibility.
Negotiating Your Settlement
Once you know what your case is worth, it’s time to negotiate. This is where having MMI status really helps because everyone knows what they’re dealing with.
The Initial Demand
Your first step is usually sending a demand letter to the insurance company. This letter outlines your injuries, your treatment, how the accident has affected your life, and how much you’re seeking in settlement.
The demand amount is typically higher than what you expect to receive because you’ll likely need to negotiate down from there.
The Back-and-forth Process
Settlement negotiation is rarely a one-shot deal. The insurance company will probably make a counteroffer that’s lower than your demand. You’ll counter their counter, and the process continues until you reach an agreement or decide to go to trial.
This process can take weeks or months, so be patient. Good negotiations take time.
When to Accept an Offer
This is the million-dollar question (sometimes literally). Here are some factors to consider:
Does it cover all your damages? Make sure the settlement amount is enough to cover your medical bills, lost wages, and provide fair compensation for your pain and suffering.
What are your chances at trial? If liability is clear and your damages are well-documented, you might do better at trial. If there are questions about fault or your injuries, settlement might be the safer option.
Can you afford to wait? Going to trial takes time and money. If you need the settlement funds now, that might influence your decision.
What’s your risk tolerance? Settlement gives you certainty. Trial is a gamble – you might do better, or you might do worse.
When to Walk Away
Sometimes the insurance company’s offers are so unreasonable that it makes sense to go to trial. This is a big decision that shouldn’t be made lightly.
If you have legal representation, your lawyer can help you evaluate whether their offers are reasonable based on similar cases and their experience with juries in your area.
Special Considerations for Different Types of Accidents
Different types of accidents can present unique challenges when it comes to MMI and settlement timing.
Car Accidents
These are the most common injury cases, and they usually follow a fairly predictable pattern. Most car accident injuries reach MMI within 6-12 months, though complex cases can take longer.
One thing to watch out for in car accident cases is delayed onset of symptoms. Sometimes injuries don’t fully show up until weeks or months after the accident. Don’t rush to settle if you’re still discovering new problems.
Slip and Fall Accidents
These cases can be tricky because there’s often more dispute about who’s responsible. Property owners might argue that you were careless or that the dangerous condition was obvious.
Slip and fall injuries can range from minor bruises to serious head injuries or broken bones. The timeline for MMI varies widely depending on the type and severity of your injuries.
Work-Related Injuries
If you were injured at work, you’re probably dealing with workers’ compensation insurance rather than a regular liability claim. Workers’ comp has its own rules and procedures.
In workers’ comp cases, reaching MMI is often called reaching “maximum medical improvement” or getting a “permanent partial disability rating.” The process is similar, but the legal framework is different.
You might also have a third-party liability claim if someone other than your employer caused your injuries. These cases can get complicated quickly, so getting legal help is often a good idea.
Medical Malpractice
These are some of the most complex injury cases because you’re essentially arguing that medical treatment made you worse rather than better.
Medical malpractice cases often take longer to reach MMI because it can take time to understand the full extent of the harm caused by the negligent treatment.
These cases almost always require expert medical testimony and extensive investigation, so getting legal help is usually a must.
What Happens After You Settle
Congratulations! You’ve reached an agreement with the insurance company. But your journey isn’t quite over yet.
The Settlement Agreement
You’ll need to sign a settlement agreement that spells out the terms of your settlement. This document will typically include:
The settlement amount: How much you’re receiving and when you’ll receive it.
Release language: You’ll be releasing the insurance company and the at-fault party from any future claims related to this accident.
Confidentiality provisions: Some settlements include agreements not to discuss the terms publicly.
Read this document carefully before signing. Once you sign it, you typically can’t change your mind later, even if your injuries get worse.
Tax Implications
The good news is that most personal injury settlements aren’t taxable income. The money you receive for medical expenses, lost wages, and pain and suffering is generally not subject to federal or state income taxes.
However, there are some exceptions. If part of your settlement is for punitive damages or if you deducted medical expenses in previous years, some portion might be taxable.
It’s worth consulting with a tax professional if your settlement is large or if there are unusual circumstances involved.
Paying Your Bills
If you have outstanding medical bills or liens on your case, these will need to be paid from your settlement proceeds. This includes:
Medical providers: Doctors, hospitals, and other healthcare providers who treated you might have liens on your case.
Health insurance: If your health insurance paid for treatment related to your accident, they might be entitled to reimbursement from your settlement.
Attorney fees: If you had legal representation, their fees will be deducted from your settlement.
Make sure you understand what will be deducted from your settlement before you agree to the amount.
Moving Forward
Once your case is settled, it’s time to focus on moving forward with your life. This might mean:
Continuing medical treatment: Just because your case is settled doesn’t mean your treatment has to stop. Use your settlement funds to get the ongoing care you need.
Financial planning: If your settlement is substantial, consider meeting with a financial planner to make sure you’re managing the money wisely.
Emotional healing: Don’t underestimate the emotional impact of serious accidents and injuries. Consider counseling if you’re struggling with anxiety, depression, or PTSD.
When Things Don’t Go According to Plan
Sometimes, despite everyone’s best efforts, things don’t work out as expected. Here are some scenarios you might face and how to handle them.
Your Condition Gets Worse After Settlement
This is probably the scariest scenario for injury victims. What if you settle your case, but then your condition deteriorates or you develop new problems related to your accident?
Unfortunately, once you sign a settlement agreement, you typically can’t go back and ask for more money, even if your condition gets worse. This is why it’s so important to wait until you reach MMI before settling.
There are very limited exceptions to this rule, such as if the insurance company committed fraud or if there was a mutual mistake about the nature of your injuries. But these exceptions are rare and hard to prove.
The Insurance Company Goes Bankrupt
This doesn’t happen often, but it’s not unheard of, especially with smaller insurance companies. If the insurance company goes bankrupt before paying your settlement, you might become an unsecured creditor in the bankruptcy proceedings.
Most states have insurance guaranty funds that provide some protection in these situations, but the coverage is usually limited.
You Discover New Evidence
What if you settle your case, but then discover evidence that the other party was more at fault than you originally thought? Or what if you find out there was another responsible party you didn’t know about?
Again, settlement agreements are generally final, but there might be exceptions if you can prove fraud or if the new evidence shows that the other party deliberately concealed information.
Making the Decision: A Personal Checklist
Deciding when to settle your injury case is one of the most important decisions you’ll make during this process. Here’s a checklist to help you think through the decision:
Medical Questions
- [ ] Have I reached Maximum Medical Improvement according to my treating physician?
- [ ] Do I understand my long-term prognosis?
- [ ] Have I explored all reasonable treatment options?
- [ ] Do I have a clear picture of my future medical needs?
Financial Questions
- [ ] Does the settlement offer cover all my current medical bills?
- [ ] Does it compensate me fairly for my lost wages?
- [ ] Does it account for my future medical costs?
- [ ] Does it provide reasonable compensation for my pain and suffering?
- [ ] Can I afford to wait longer if I reject this offer?
Legal Questions
- [ ] Is who’s at fault clear, or is there dispute about it?
- [ ] How strong is my case if it goes to trial?
- [ ] What are the risks of going to trial versus settling now?
- [ ] Am I dealing with insurance company bad faith tactics?
Personal Questions
- [ ] Am I emotionally ready to close this chapter of my life?
- [ ] Do I have the energy to continue fighting if I reject this offer?
- [ ] How is this process affecting my family and relationships?
- [ ] What does my gut tell me about this offer?
Getting Professional Input
Don’t make this decision in a vacuum. Get input from the professionals involved in your case:
Your treating physician: They understand your medical condition better than anyone and can provide valuable insight into your prognosis.
Your attorney (if you have one): They can evaluate the strength of your case and help you understand your options.
Financial advisor: If the settlement amount is substantial, a financial advisor can help you understand the long-term implications.
Family and friends: The people who know you best can provide emotional support and help you think through the decision.
Why Location Matters: Colorado-Specific Considerations
Every state has its own laws and procedures when it comes to personal injury cases, and Colorado is no exception. Here are some Colorado-specific factors that might affect your case:
Colorado’s Comparative Negligence Law
Colorado follows a “modified comparative negligence” rule, which means you can still recover damages even if you were partially at fault for the accident, as long as you were less than 50% at fault.
However, your settlement will be reduced by your percentage of fault. So if you were 20% at fault and your damages are $100,000, you’d recover $80,000.
This can complicate settlement negotiations because there’s often disagreement about how much fault each party bears.
Statute of Limitations
In Colorado, you generally have three years from the date of your accident to file a lawsuit for personal injury. However, there are exceptions to this rule, and some cases have shorter deadlines.
This deadline can create pressure to settle, especially if you’re approaching the three-year mark and haven’t filed suit yet.
Insurance Requirements
Colorado requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage.
Unfortunately, these minimum amounts often aren’t enough to fully compensate seriously injured people. If the at-fault driver only has minimum coverage, that might limit your recovery options.
No-Fault Insurance
Colorado is not a no-fault insurance state, which means you can pursue a claim against the at-fault driver’s insurance company regardless of the severity of your injuries.
Local Court Practices
Different judicial districts in Colorado have their own local rules and practices. What works in Denver might not work the same way in Colorado Springs or Grand Junction.
If you’re considering going to trial, it’s important to understand the local practices and how juries in your area typically handle similar cases.
At McCormick & Murphy P.C., we’ve been practicing in Colorado courts for decades. Our office is located in Colorado Springs, and we understand the local legal scene. We know the judges, we know the other attorneys, and we know how cases like yours are typically handled in this area.
Final Thoughts: Trust the Process
I know this whole process can feel overwhelming. You’re dealing with injuries, medical appointments, insurance companies, and trying to get your life back to normal. The pressure to just settle and move on can be intense.
But here’s the thing: this is probably the only chance you’ll have to get fair compensation for your injuries. Once you settle, that’s it. You can’t go back and ask for more money if your condition gets worse or if you realize the settlement wasn’t enough.
That’s why it’s so important to be patient and wait until you reach MMI before making any final decisions. I’ve seen too many people settle early and regret it later.
At the same time, don’t let the perfect be the enemy of the good. No settlement will ever make you completely whole again or undo what happened to you. At some point, you need to accept a reasonable offer and move forward with your life.
The key is making sure that when you do settle, you’re doing it from a position of knowledge and strength, not desperation or pressure.
Questions You Should Ask Yourself
Before you make your final decision, ask yourself these questions:
Am I settling because this is a fair offer, or because I’m tired of fighting? There’s a difference, and it matters.
Do I understand what my life will look like long-term with these injuries? If you’re still figuring that out, you might not be ready to settle.
Have I gotten input from the people I trust? Don’t make this decision alone.
Am I being pressured by anyone to settle or not settle? The decision should be yours, based on your circumstances and priorities.
Trust Your Instincts
You know your body better than anyone else. You know how your injuries have affected your life, and you know what you need to move forward. Don’t let anyone – not the insurance company, not well-meaning family members, not even your lawyer – pressure you into a decision that doesn’t feel right.
If something feels off about a settlement offer or if you don’t think you’re at MMI yet, speak up. It’s your case, your body, and your future.
Getting Help When You Need It
If you’re feeling overwhelmed by this process or if you’re not sure whether you’re getting a fair deal, don’t hesitate to get professional help. You shouldn’t have to give a recorded statement to the insurance company without knowing your rights, and you shouldn’t have to negotiate a settlement without understanding what your case is worth.
At McCormick & Murphy P.C., we offer free consultations for injury cases. We can review your situation, help you understand your options, and give you an honest assessment of your case. We’ve been helping injured people in Colorado for nearly three decades, and we understand what you’re going through.
Remember, most injury attorneys work on contingency, which means you don’t pay unless you win. So getting professional advice doesn’t have to cost you anything upfront.
The Bottom Line
Maximum Medical Improvement isn’t just a medical milestone – it’s a legal and financial one too. Reaching MMI gives you the information you need to make informed decisions about your case and your future.
Don’t rush the process, but don’t drag it out unnecessarily either. Work with your medical team to understand your condition, get professional legal advice if your case is complex, and make sure any settlement offer truly reflects the impact this accident has had on your life.
You’ve been through enough already. Make sure that when you do settle your case, you’re doing it on your terms, with full knowledge of what you’re agreeing to, and with confidence that you’re making the right decision for your future.
Your injuries are real, your pain matters, and you deserve fair compensation. Don’t settle for less than you deserve, but don’t let the pursuit of the perfect settlement prevent you from getting the good settlement you need to move forward with your life.
If you have questions about your Colorado injury case or need help determining whether you’ve reached MMI, we’re here to help. Give us a call at (719) 800-9407 or visit our office at 929 W Colorado Ave in Colorado Springs. We’ll give you straight answers and help you understand your options.
Remember: you don’t have to go through this alone, and you don’t have to accept the first offer that comes your way. Take your time, get the information you need, and make the decision that’s right for you.
