Tennessee Injury Law Center
Why do I have to get released from medical care before my case can go to trial?
There is no law that says you must. However, most lawyers would agree that in cases where there is an injury that is likely to completely heal or one that will reach a certain stable level within a reasonable period of time it makes sense to not have a trial until the doctor says you have reached “maximum medical recovery.”
This is necessary because a jury must be able to determine whether it is likely you are going to have permanent injuries and whether those injuries will affect your income. Also, it is important that the jury have a handle on your medical bills, and it you are still actively seeking treatment it will be difficult to get a grasp on the amount of the bills you will incur.
There are several exceptions to this rule. For instance, some people are hurt so severely that they are going to have active medical care for the rest of their lives. In those cases, the prudent lawyer will wait until the injured person has reached a level of recovery such that competent experts can render an opinion within reasonable probability what future bills will be incurred and what impact the injuries will have on the person’s life. Whether this is six months or two years after the incident depends on the circumstances.
An experienced personal injury lawyer will help you make a decision about when it is appropriate to go to trial in a case.