If you or your loved one was injured in an accident or other incident, it is essential you understand some critical elements of a personal injury case. Some injured victims may be required to participate in an Independent Medical Examination (IME) during their personal injury case. Our Grand Forks & Minot personal injury attorneys explain IMEs and how they can impact the outcome of your injury case.
What Is an Independent Medical Examination in a North Dakota Personal Injury Case?
If another party caused your injuries, you may sue that party for economic and non-economic damages. You must prove the legal elements of an injury claim before a party is legally responsible for your damages.
The party you accuse of causing your injuries may dispute liability for causing your injuries. If so, they may request an Independent Medical Examination (IME) in your case.
The purpose of an IME is to verify the injuries your treating physicians diagnosed. The examination also determines the person’s abilities to perform various tasks to determine if the injuries caused an impairment. If so, the examination determines the extent and type of the impairment.
Why Does a Defendant or Insurance Company Request an IME in a Personal Injury Case?
An independent medical professional should conduct the IME. Since the defendant hires the medical professional who performs the examination, the conclusions of the medical professional may not be entirely fair. IMEs are often biased against injured parties.
The defendant’s insurance company wants to establish a different medical diagnosis if possible. A different diagnosis could give the defense a basis for disputing the injured victim’s claims. Outcomes that could help the defense in a personal injury case include:
- The victim’s injuries were not the result of the accident
- The victim’s injuries are less severe than they claim
- The victim did not sustain the types of injuries they claim
- The victim did not sustain a permanent impairment, or the impairment is not as severe as they claim
Experienced personal injury lawyers understand the problems with IMEs scheduled by defendants and insurance companies. We expect these tactics and we are prepared to fight back with our medical specialists and experts.
What Should I Do if the Insurance Company Demands an Independent Medical Examination in My Case?
If you have not hired a personal injury attorney, you should talk with one immediately. Attorneys help prepare their clients for IMEs. They also gather evidence to support their client’s claims to prepare for attacks by the defense.
General tips for IMEs include:
- Arrive early for the IME. Assume you are being monitored from the moment you arrive in the parking lot until you leave.
- Wear comfortable clothes and shoes that allow you to move freely.
- Be honest about your injuries. Do not exaggerate symptoms, but do not downplay pain and other symptoms.
- Be serious about your condition. It is not a time to try to be funny or entertaining.
- Do not answer questions you are not asked. Keep answers to yes and no replies whenever possible.
- Do not discuss the details of your accident claim or your case.
- You are not required to discuss your living arrangements or marriage.
- If you are unsure of an answer, state you do not know instead of guessing.
- Do not ask the doctor for medication, their opinion, or treatment options.
- Never discuss what you believe you are entitled to receive for a personal injury claim.
Your injury lawyer will likely have other instructions for you before attending an Independent Medical Examination. Hiring an attorney also means that the attorney will supply information requested by the physician, such as your medical records and a description of your job duties. Allowing your attorney to handle these matters reduces the chance you might give the examiner information they are not entitled to receive.
Schedule a Consultation with our Grand Forks & Minot Personal Injury Attorneys
An Independent Medical Examination can have a significant impact on your personal injury. Get help with your case from our experienced Grand Forks & Minot personal injury attorneys at Pringle & Herigstad, P.C. Call today to speak with an attorney about your case.
