When Can You File a Lawsuit After Settling?
As mentioned above, you generally can’t sue after settling your claim, but there are a few exceptions where you might still have that option.
How Is It Different From a Regular Medical Exam?
The main difference is the purpose and how in-depth the exam is. When you see your own doctor, they take the time to go over your full medical history and focus on diagnosing and treating you based on your specific needs.
An IME is usually quick and not as thorough. It might only last 5 to 15 minutes. During that time, the IME doctor will briefly review your records and do a limited physical exam. Because it’s so short, many people feel their condition isn’t fully understood or adequately represented.
What Is the Purpose of an Independent Medical Examination?
The main goal of an IME is to give the insurance company an outside opinion on your medical condition. As mentioned above, it’s used to help them decide if your claim is valid and if you should get benefits. IMEs typically look at things like:
- How serious your injury or disability is
- Whether you still need medical treatment
- If your injury is actually related to the accident
What to Expect at an IME
Before you go, it’s best to prepare yourself mentally and physically. Rest assured, a good attorney will help familiarize you with how everything works before you attend. It can also help to bring a friend or family member with you to provide emotional support and serve as a witness during the exam.
Dos and Don'ts
Because the IME process can be delicate, your lawyer may prepare you with a few rules to keep in mind during it.
Do: Always tell the truth about your injuries and symptoms. Exaggerating or leaving things out could end up hurting your case. Additionally, try to stay calm and professional throughout the examination. How you present yourself could sway your IME doctor’s perception of your case.
Don’t: Only answer what’s asked. Giving too much information could work against you in the long run. You should also avoid discussing the specifics of your accident. Instead, focus solely on your medical condition.
How the Exam Is Performed
An IME typically begins with the claimant filling out a medical history form. The IME doctor will then review this information and perform a brief physical exam. They may ask you questions about your symptoms and any treatments you’ve had. The entire process is usually pretty quick, and tends to only last a few minutes.
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