The Role of an Independent Medical Examination in Your Personal Injury Claim
After a car crash, slip and fall, or other accident caused by another’s negligence or misconduct, the process of recovering compensation from the negligent party responsible for your injury may be relatively straightforward, or it may be more complicated, depending on the complex nature of the accident and whether the insurance company accepts or contests critical issues such as liability and damages. In contested cases, one critical component that may arise is the Independent Medical Examination (IME). Understanding the role of an IME and how it impacts your case is essential for achieving a favorable outcome and protecting your rights along the way.
Below we discuss what you need to know about an IME and its role in the personal injury claim process. For help with an injury claim in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to speak with an experienced and successful Goshen personal injury lawyer.
What Is an Independent Medical Examination?
An Independent Medical Examination (IME) is a medical evaluation conducted by a doctor who is not your treating physician. Typically, this doctor is chosen by the insurance company or the defense in a personal injury lawsuit. The stated purpose of an IME is to obtain an unbiased medical opinion regarding the extent of your injuries, the cause of those injuries, and the appropriate course of treatment. Critics of the IME, including many personal injury plaintiff’s attorneys, argue that the real reason for an IME is to generate a medical opinion different from the treating physician for the sole purpose of gaining leverage to deny a claim or pay less than the injured party is requesting.
Why Is an IME Required?
Insurance companies and defendants request IMEs to verify the legitimacy and severity of the injuries claimed by the plaintiff. They may question whether the injuries were caused by the accident in question or if they were pre-existing conditions. An IME can also help determine whether the treatment you received was necessary and reasonable. Remember, the IME doctor is not providing any treatment. They are only conducting one brief examination and forming an opinion based on what they see and what you say, in contrast to the opinion of your doctor who has been treating you for weeks or months.
The Process of an IME
When you are scheduled for an IME, you will receive a notification outlining the date, time, and location of the examination. Below we outline what you can expect from an IME, but as a preliminary matter, if you don’t yet have legal representation, it can be critical to your case to acquire some now. While the insurance company might make it seem like an IME is required, this isn’t always the case. Your attorney can advise you on whether you should or must submit to the IME and argue against it as appropriate.
Assuming you will be undergoing an IME, here are the steps you can expect:
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Preparation: Before the examination, gather all relevant medical records and documents related to your injury. Review your medical history and be prepared to discuss your symptoms, treatment, and how the injury has affected your daily life.
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The Examination: During the IME, the doctor will ask you questions about your medical history, the accident, and your current condition. They will perform a physical examination and may conduct tests or imaging studies if necessary.
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Report: After the examination, the doctor will prepare a report detailing their findings. This report is sent to the requesting party, usually the insurance company or defense attorney.
Impact of an IME on Your Personal Injury Claim
The outcome of the IME can significantly influence the direction of your personal injury claim. Here’s how:
1. Validation or Dispute of Injuries
The IME can either validate your claims about the extent and cause of your injuries or provide grounds for the insurance company to dispute them. A favorable IME report can strengthen your case, while an unfavorable one may challenge your credibility.
2. Settlement Negotiations
The IME report is often used during settlement negotiations. If the report supports your claims, it can lead to a higher settlement offer. Conversely, if the report suggests your injuries are less severe or not related to the accident, the insurance company may offer a lower settlement or deny the claim altogether.
3. Trial Evidence
If your case goes to trial, the IME report can be presented as evidence. The doctor who conducted the IME may also be called to testify. A well-prepared legal team can effectively cross-examine the IME doctor to challenge any unfavorable findings.
Tips for Handling an IME
1. Be Honest and Consistent
Provide truthful and consistent information about your injuries and medical history. Any inconsistencies can be used against you.
2. Understand Your Rights
You have the right to bring a witness, such as a friend or family member, to the examination. Some states also allow you to record the examination with prior notice.
3. Follow Up with Your Attorney
After the IME, inform your attorney about the examination details. Share any concerns or unusual questions asked by the doctor. Your attorney can use this information to prepare for potential disputes.
4. Review the IME Report
Once the IME report is available, review it with your attorney. They can identify any inaccuracies or biased statements and plan the next steps accordingly.
Contact Dupée & Monroe in Goshen for Help With All Aspects of Your Personal Injury Claim
At Dupée & Monroe, P.C., our experienced personal injury attorneys are dedicated to guiding you through every step of the claim process. If you have questions about an IME or need assistance with any aspect of your personal injury claim, call us today at 845-294-8900 for a free consultation. Navigating the complexities of a personal injury claim can be challenging, but with the right legal support, you can secure the compensation you deserve.
