Undergoing an Independent Medical Exam

If you are involved in a personal injury lawsuit with an insurance company, you may be asked to undergo an “independent medical examination” by the insurer. You may wonder what the purpose of this is supposed to be and whether it will harm your case. An Irvine personal injury attorneywill be able to answer your questions.In the past several years, IMEs have become much more common, especially in cases involving injury to the neck or back. Despite the name, they are not really “independent.” Rather, they are more like “defense” medical examinations because they are requested, used, and influenced by the insurance carrier and defendant. However, they are routinely referred to as “independent medical examinations,” which implies that they are objective and unbiased, even though they aren’t. Your Irvine personal injury attorney may make a motion requesting that the court and defense counsel be required to call it a “defense medical examination” instead so as not to make it sound more neutral than it is.There are several things your Irvine personal injury attorney can try to do to diminish the impact that independent medical examinations have on your case. One such thing is to lower your demand in order to prevent the examination. Insurers will usually request you undergo an IME before or during settlement negotiations and before a suit has been filed, but they seldom request them early on in the case. They tend to request IMEs when they have any doubt as to the extent and nature of your injuries, or if you attorney submits a settlement demand that they think is excessive. Reducing your demand to a more reasonable figure may help you avoid an IME altogether.

If you have further questions about independent medical examinations, contact experienced Irvine personal injury attorney Samer Habbas at  (888) 848-5084 for a free initial consultation.

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