The Role of an Independent Medical Examination (IME) in Your Personal Injury Claim
When you’ve been injured in an accident, your personal injury claim is often the best path to securing the compensation you need to recover physically, emotionally, and financially. As your case progresses, you may be asked to attend an Independent Medical Examination (IME). If this happens, it’s critical to understand what an IME is, why it’s being requested, and how it can impact your case under New York personal injury law.
An IME is a medical evaluation conducted by a doctor chosen and paid for by the insurance company or opposing party. The purpose of this examination is not to provide treatment but to assess the nature, extent, and cause of your injuries. While the name suggests independence, these evaluations often serve the interests of the insurer, making it essential for you to prepare properly. Under New York Civil Practice Law and Rules (CPLR § 3121), a party involved in litigation may request a medical examination of the opposing party when their physical condition is in question.
Understanding the role of an IME is essential for protecting your rights. As an attorney, I guide clients through this process to ensure they are treated fairly and that their claims remain strong. Here’s what you need to know about IMEs in personal injury cases and how they can affect your compensation.
Why An IME Is Requested In Personal Injury Cases
Insurance companies use IMEs to evaluate the legitimacy of your injuries and the impact they have on your life. While your treating physician focuses on your well-being, the IME doctor evaluates your condition for the insurer’s purposes. This can include:
- Challenging Your Injuries – The insurer may attempt to minimize the extent or severity of your injuries.
- Disputing Causation – They may argue that your injuries weren’t caused by the accident but by a pre-existing condition or unrelated event.
- Reducing Compensation – The insurer may use the IME findings to argue for a lower settlement amount.
It’s important to remember that an IME doctor is not your advocate. Their role is to assess your condition in a manner that often favors the insurance company’s interests.
Preparing For An IME
Preparation is key to making sure that the IME does not unfairly harm your case. Before the exam, I advise clients to:
- Review Your Medical History – Be familiar with your injury and how it has been documented by your treating physicians.
- Be Honest And Clear – Provide truthful answers during the examination, but avoid volunteering unnecessary information.
- Stick To The Facts – Focus on describing your symptoms and limitations without exaggeration.
- Document Your Experience – After the IME, write down what occurred during the exam, including the questions asked and the time spent with the doctor.
Legal Issues Surrounding IMEs In New York
Under CPLR § 3121, the party requesting the IME is required to provide reasonable notice of the examination’s time and location. Additionally, you have the right to have a third party present during the exam, such as a friend, family member, or even a medical professional, to ensure accountability. If the IME findings are inaccurate or biased, you have the right to challenge them during litigation.
How IME Findings Can Impact Your Claim
The results of the IME can significantly influence your personal injury claim. If the IME doctor downplays your injuries or disputes causation, it could lead to a lower settlement offer or even challenge the validity of your claim’. This is why it’s critical to have legal representation throughout the process. As your attorney, I work to counter any inaccuracies in the IME report and present evidence from your treating physicians to support your case.
New York Injury Claim Frequently Asked Questions
What Is An Independent Medical Examination In A Personal Injury Case?
An IME is a medical evaluation conducted by a doctor chosen by the insurance company or opposing party. The purpose is to assess your injuries and determine their extent, severity, and cause. The results are used in the claims process and may affect your compensation.
Am I Required To Attend An IME?
If your physical condition is part of the legal dispute, you may be required to attend an IME under CPLR § 3121. Failing to comply with this request can negatively impact your claim, so it’s essential to follow the legal requirements while preparing for the exam.
Can I Bring Someone With Me To The IME?
Yes, under New York law, you have the right to bring a third party, such as a friend or family member, to observe the examination. Having someone present can provide accountability and ensure you feel supported during the process.
What Happens If The IME Doctor Disputes My Injuries?
If the IME doctor disputes your injuries or their connection to the
accident, it can affect your claim. However, your attorney can challenge the IME findings by presenting evidence from your treating physicians, medical records, and expert testimony to counter inaccuracies.
How Can I Prepare For An IME?
Preparing for an IME involves reviewing your medical history, being honest and clear about your symptoms, and documenting your experience during the exam. Your attorney can provide guidance on what to expect and how to protect your rights.
Can The IME Findings Be Used Against Me?
Yes, the insurance company may use the IME findings to challenge your claim or reduce your compensation. Having an attorney who can effectively counter these findings is critical to ensuring your case remains strong.
The Right Firm Is Right Here
At Jonna Spilbor Law, we understand how intimidating an Independent Medical Examination can be and how it may affect your personal injury claim. Our legal professionals are here to guide you through the claims process, protect your rights, and advocate for the monetary compensation your case deserves.
To receive a free consultation, contact our Poughkeepsie personal injury lawyers when you call our Poughkeepsie office at (845) 485-2529, our New York City office at (646) 922-9789, or our Cold Spring office at (646) 922-9789. We represent accident injury victims throughout the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you take the next steps in your case with confidence and care.
