If you have an injury claim, the defendant's insurance company will do everything possible to disapprove or confirm your injuries. For example, the insurance company may order an independent medical examination (IME) from a medical doctor. The insurance company will use the IME report during negotiations or lawsuits.
Unfortunately, IME reports are not always accurate. Here are tips for disputing an IME result you don't agree with.
Mention the Specific Errors
Identify and point out specific issues you have with the medical examination; don't generalize. Say the medical examiner is a neurosurgeon, and you have orthopedic injuries. You should point out that your injuries are outside the examiner's discipline, and they can't understand them well. That means you should get the examiner's credentials.
You should also consider the examination duration (a rushed examination might not be accurate) and your medical records exclusion. In short, your issues should be material to your personal injury claim.
Get Contradictory Evidence
Legal issues rely on evidence; gather as much evidence as possible to prove that your examination's report is erroneous. For example, you can use your medical records or an eyewitness statement (for example, a statement from the person who accompanied you to the examination office).
Say your records show that your injuries have healed, but your medical records show that your injuries will likely be permanent. Use the records to prove the examiner's report downplayed your injuries.
Scrutinize the Doctor's Relationship with the Insurer
Independent medical examination is only independent if the examiner doesn't favor the insurance company. Even covert favoritism casts doubt on the examiner's independence. If you think the examiner's work is biased, find evidence to back up your claim.
Scrutinize the past relationships between the examiner and the insurance company. Find out if the examiner has always favored insurance companies in their past report. Since such information might not be easy to get, work with a personal injury lawyer with the resources for the investigation.
Get an Expert Witness
Lastly, consult an expert witness to help you prove the issues in the examiner's reports. An expert witness should have the qualifications and experience to understand your injuries. For example, an orthopedic is a good expert witness if you have broken bones. The expert witness will analyze the examiner's and your medical records and give their view.
A personal injury lawyer can help you dispute an IME and get the insurance company to consider the facts of the case. Consult a personal injury lawyer to help you with IMEs and other aspects of your injury claim.
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