- Accident and Injury Law
- Personal Injury Lawyers
- Fault and Damages
- Independent Medical Evaluations - IME
Serious accidents typically involve considerable monetary payments, either from the person at fault or from an insurance company. Persons responsible for paying for physical injuries sustained in an accident often want to ensure that the injuries are real before expending large sums of money. In addition, responsible parties may want to find out if the personal injuries are as bad as the victim claims they are. Hence, an evaluation from a doctor other than the victim's doctor may be required. This is known as an independent medical evaluation (IME) in personal injury cases.
A victim of a serious accident may be examined and treated by a doctor of his or her choosing soon after the accident. One concern is that the victim's own physician may be somewhat biased towards the victim in assessing the extent of the injuries. Therefore, the party being sued for compensation for the victim's injuries may want to have an independent physician examine the victim. This is especially true if the victim has not yet been examined. The independent physician may examine to make sure the victim did in fact sustain injuries, to affirm that the injuries are as serious as the victim claims them to be, and to make sure the injuries are not attributable to a different cause.
If the injured party does not wish to attend an independent medical examination, he or she may be compelled to do so in certain circumstances. For example, many states have passed laws allowing insurance companies to compel an IME when a claim seems questionable. Such an exam can typically only be compelled when the insurance policy contains language requiring the insured party to submit to an exam. The insured may not be required to submit to an exam if the circumstances of the exam would amount to an undue burden, such as requiring the insured to travel long distances from home.
Most states also have court rules which provide that a judge may order an IME under certain circumstances. Often, an examination can be ordered if a person's physical or mental injuries are in dispute. However, if a person claims he has physical injuries but only sues for damages to his car, an examination will not be ordered. In addition, an examination may not be ordered if a victim sues after an injury has completely healed. Examinations may be ordered in cases other than personal injury lawsuits as well. For example, an examination may be ordered in a child custody dispute to determine whether a parent is emotionally stable enough to maintain custody of a child.
If an IME is ordered, the injured party may be required to submit to more than one exam. However, the party seeking to compel an examination is often required to pay for the examination. Sometimes the party attempting to compel the examination may choose the examining physician. In cases where the parties are at odds over which physician to use, the court may decide the physician. The injured party's personal injury attorney may be allowed to attend the examination as well.
If you have been injured in an accident and plan to recover money from someone else for your injuries, it is safe to assume that you will be required to submit to an IME. The examination should not be feared, but simply treated like any other examination by a physician. Allow the doctor to do his or her work, be honest about the injuries sustained, and be sure to communicate to the doctor all the details of the injury. In the long run, it will help you recover the money you deserve.