Demand for Independent Medical Exam
When you file a lawsuit against a negligent driver who has caused an accident in which you suffered injuries, you may eventually be ordered to attend an independent medical exam (IME). The IME is part of the discovery process during litigation, and it is a tool used by the other side to assess the severity of your injuries. The severity of your injuries will be a big part of what determines the value of your claim.
Insurance companies do not just send you to any old doctor, though. Usually, there are only a handful of doctors in any given region that perform IMEs. They are knowledgeable about what the insurance company would like their reports to say. Specifically, the paid doctors know that the insurance companies seek to downplay the severity of the claimant’s injuries as much as possible in order to avoid paying the injured person a lot of money.
Because the IME is ultimately a strategy used by insurance companies to reduce the amount of money they will pay, it is advised that you consult with a knowledgeable Lathrop car accident lawyer before you attend such an examination. A seasoned attorney will help you prepare for the doctor’s visit and will likely arrange for a medical advocate to attend the exam with you.
Will the IME Doctor be Objective?
Despite the use of the word “independent,” it is difficult to believe that the medical report will be truly objective. First of all, the doctor is being paid by the insurance company – that in itself implies a lack of objectivity. The doctors that work in conjunction with insurance companies know what the adjusters would like to see written in the report. If an IME doctor consistently produces reports that outlined how severe claimants’ injuries are, do you think the insurance companies will continue to hire that doctor?
Many times in an IME report, the doctor will arbitrarily assess that the claimant’s condition was not caused by the accident that is the subject of the lawsuit but instead is the result of a pre-existing condition. Despite there being no convincing discussion in the report of what led the doctor to that assessment, the insurance company will then rely on that opinion to try to get out of paying the full value of the injury claim since it would not be responsible for any physical condition that pre-dated the accident.
Do I Have to Attend the IME?
In litigation, if the defendant (the party being sued) orders an IME, the plaintiff/claimant will usually need to attend in order to protect the value of his or her injury claim.
Here is another reason to hire a skilled lawyer. The attorney will review the Demand for IME, which is the legal document telling you the date and time of the appointment, where it will take place, and what the exam will consist of. If there is anything outlined in the demand that is outside the scope of allowed examination, the attorney will serve objections. A good attorney may also provide a medical advocate to accompany you to the exam in order to ensure that the doctor does not ask questions, perform a physical examination, or administer tests that go beyond those allowed by law.
Watch the YouTube video below on finding a trustworthy attorney in Northern California.
Lathrop Car Accident Lawyer
Hello, and thank you for reading our post “What is an IME?”. My name is Ed Smith, and I have been a car accident lawyer in Lathrop, California, for more than 38 years. As a fierce advocate for injured Northern Californians, I encourage my clients to focus on their physical recoveries while letting me take the stress and anxiety of the associated legal matter off of their minds. If you or a loved one has been injured due to another person’s negligence, please reach out to my firm for compassionate, free, and friendly advice. Call us at (209) 227-1931 or, from outside the area, toll-free at (800) 404-5400.
Photo Attribution: https://unsplash.com/photos/bNXOexRUDBQ
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