The Role of Health Assessments in Personal Injury Claims

A woman in a robe sits on a couch, looking polished with her makeup done, exuding a relaxed yet elegant vibe.

Hey there, just wondering if you've ever felt like you're being ordered around when it comes to health assessments and "their" doctor by insurance companies?

If you are in the middle of a personal injury claim, the chances are that you will encounter an independent medical examination.

Here's the real thing…

They're anything but independent.

Insurance companies have one goal in mind – keep you and your family from receiving what you are entitled to!

Health assessments have a massive impact on how much (if any) money you receive. This part of the process can make or break your claim. If you do not understand the entire process, the insurance company can take advantage of you and you can end up being paid far less than you deserve.

Let's go over this:

  • The Importance of Health Assessments in a Personal Injury Claim
  • The IME Process
  • How to Prepare for a Medical Evaluation
  • IME Report
  • Red Flags to Keep an Eye Out For

The Importance of Health Assessments in a Personal Injury Claim

The personal injury lawsuits filed by individuals revolve around one common element. This is proving your injuries are genuine and substantial.

The insurance company wants to pay as little as they can on your claim. It is their job. To do this, they will downplay the severity of your injuries or allege that they were not caused by the accident.

Enter health assessments.

Personal injury claims are no different. You're putting your entire health history on the table. Your compensation will depend on the seriousness of your injuries. This involves expenses for medical bills, lost wages, pain and suffering, and future medical care.

Your doctor, however, is documenting your injury in the medical records. The insurance company, however, does not believe what you have been saying. They want to have an independent medical opinion. Seasoned personal injury attorneys know how to prepare their clients for this part of the process as the result of the examination can help them increase or decrease your damages.

The IME Process

Before I tell you more about the process, I need to tell you one little secret about an Independent Medical Examination (IME)…

It is not independent at all.

IME is a defense medical examination.

In a nutshell, the defendant's insurance company selects and pays for the doctor that is going to evaluate you. This IME doctor will be looking for any reason they can think of to:

  • deny your claim
  • offer you a lower settlement
  • blame your injuries on some other cause

Pretty scary stuff huh?

When to Expect an IME

If you have turned your personal injury claim into a lawsuit, have various medical conditions, or if the insurance company questions the severity of your injuries, you will probably have to undergo an independent medical exam.

Wait! There's more…

If you do not attend an IME, the judge will most likely dismiss your case. Even if the case continues, you might be prevented from using medical evidence at trial.

What to Expect at an IME

Trust me, this is nothing like your regular doctor's appointment.

IME stands for Independent Medical Evaluation. It is designed for one purpose only and that is to help the insurance company.

Here is what you should expect:

  • You will be asked a series of detailed questions about the accident
  • There will be questions about your prior medical history
  • The doctor will also do a physical examination of your injuries
  • You can be asked skeptical questions about the level of pain you are experiencing

How to Handle Medical Evaluations

Want to know the secret of coming out on top at an IME?

PREPARATION, PREPARATION, PREPARATION!

Before the Examination

Thoroughly review your medical records. If you are going to your IME, you should expect the IME doctor to have access to all your medical files and they will certainly try to trip you up if you are not consistent.

Review the following:

  • Circumstances of the accident
  • Symptoms and pain you are experiencing
  • Prior injuries or medical conditions, if any
  • All the treatments you have received

During the Examination

Be polite, be cooperative but always keep in mind that this is not your friend.

  • Answer the questions but do not volunteer extra information.
  • Do not exaggerate the symptoms and pain you experience.
  • Stick to facts when discussing your injuries.
  • If possible, bring an attorney or witness with you for the IME.

Keep in mind that the IME doctor is an employee of the insurance company.

Remember: Nothing you say to the IME doctor is confidential. It can all be used against you in court.

IME Report

The IME doctor will write a medical report after the completion of the examination.

This report will include:

  • His opinion as to the nature and extent of your injuries
  • Whether your injuries were caused by the accident
  • Whether you will need further medical treatment
  • Whether you are able to work or not

Ugh…you're probably not even surprised.

You're probably depressed at this point. Because the unfortunate truth is these reports come back siding with the insurance company. It does not matter if you have a broken bone or a minor whiplash. The insurance doctor will have some clever conclusion that your injuries are not as serious as you claim, that you have reached maximum medical improvement, or your injuries are pre-existing.

But don't freak out if the IME report is bad (it will be).

If you have a bad IME report, your attorney can arrange for an independent medical examination by their own doctor.

IME Red Flags

IME doctors have a reputation for being slightly, ermmm, unethical, at times.

Look out for IME doctors that:

  • Ask irrelevant personal questions about your medical history
  • Attempt to intimidate or harass you
  • Won't give you a copy of their report
  • Do painful or unnecessary testing

Yes, there are rules on what IME doctors can and can't do. Your attorney will brief you before the examination.

Your Rights During an IME

  • The defendant is required to pay for the exam.
  • You cannot be required to travel more than a certain distance for the examination.
  • Your attorney is allowed to be present at the examination.
  • You have a right to review the doctor's report.

Impact of Health Assessments on Your Claim

Insurance company's health assessments will have a significant impact on how much (if any) money you will be paid in a settlement.

A positive medical report will back up your demand for higher compensation. A negative report will give the insurance company justification to offer you a lower payout.

Picture this…

Two people are involved in similar car accidents. Both suffer exactly the same injuries. Person A read up on IMEs and prepared thoroughly. Person B was a little more relaxed. Person A settled the case for $50,000 and person B for $15,000.

How did this happen?

Handling their health assessments properly.

Why It's Important to Hire an Attorney

IMEs are complicated legal proceedings and if something goes wrong, the financial impact is significant. Medical malpractice cases often result in substantial settlements, reflecting the severe impact these injuries can have on victims' lives.

Seasoned personal injury lawyers will:

  • Prepare you for the examination
  • Accompany you to the IME (if they can)
  • Review the doctor's report
  • Retain their own medical expert, if necessary.

Wrapping Up the IME

Health assessments have a massive influence on the size of your injury compensation. Independent medical examinations are not as they seem.

Insurance companies have one goal in mind – keep you and your family from receiving what you are entitled to!

IMEs have a massive impact on how much (if any) money you receive. This part of the process can make or break your claim. If you do not understand the entire process, the insurance company can take advantage of you and you can end up being paid far less than you deserve.

Take these key points away:

  • IMEs should be taken seriously, they can make or break your case.
  • Do not underestimate the importance of preparation, prepare thoroughly for the examination.
  • Remember, be honest but do not volunteer unnecessary information.
  • If possible, bring an attorney or a witness with you for the IME.

The insurance company has experienced doctors and lawyers working against you. Level the playing field by enlisting professional help for this crucial stage in your case.

Written by

Kellee Maize Team

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Reviewed by

Kellee Maize

Kellee Maize is an American rapper, singer, and songwriter known for her conscious lyrics and unique blend of hip-hop and electronic music. Her debut album, "Age of Feminine," released in 2007, garnered critical acclaim. Maize is an independent artist who has released multiple albums and singles throughout her career, often exploring themes of social justice, spirituality, business and personal growth.

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