When bringing a claim for personal injury, it should come as no surprise that the state of one’s body is at issue. Specific injuries must be claimed to specific body parts. Once injuries are clearly claimed, defendants in an action are entitled to have the plaintiff examined by one or more of their doctors, also known as an independent medical examination (IME). There are several important factors to take into consideration concerning independent medical examinations. There is a distinction between a liability IME and a No-Fault or Workers’ Compensation IME. A No-Fault IME is an examination set up by the insurance company paying for your medical treatment due to your involvement in a motor vehicle accident. A Workers’ Compensation IME is due to your involvement in a work-related accident. Conversely, a liability IME is an examination scheduled at the request of the defendant(s), regardless of the type of accident. There are different rules when it concerns rescheduling an IME. A No-Fault IME can only be rescheduled once, and there are harsh rules regarding the non- attendance of an IME. The rules about rescheduling a liability IME are more relaxed. However, continued non-attendance and rescheduling of a liability IME without any reasonable excuse can result in the dismissal of your case. The defendant(s) are entitled to request more than one IME for the party claiming injury. For example, if there are claimed neck, back, and limb injuries, the defendant(s) can request an examination by a chiropractor and an orthopedic doctor. If there are mental health injuries claimed, a defendant may request an examination by a psychologist or psychiatrist. The performance of these examinations is not limited to physicians, and in certain circumstances, a party claiming injury may have to be examined by a non-physician. For example, if there is a claim regarding inability to work due to injuries from an accident, the defendant(s) can ask to have the party claiming inability to work be examined by a vocational rehabilitation expert. A party claiming injury may be examined by the same physician of a specific specialty multiple times. These instances include when an injured party received surgery and had been examined before the surgery. The defendant(s) is entitled to have an injured party re-examined solely related to the body part that underwent the surgery. A GUIDE FOR PERSONAL INJURY PLAINTIFFS Inside Independent Medical Exams
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By making a claim for personal injury, you are putting your body at issue and, therefore, have given the defendant(s) the right to examine it. It is imperative for your case to attend liability IME appointments, and continued failure to do so could result in the dismissal of your case.
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