Accidents basically involve losses and therefore, compensation. These may come in the form of monetary damages that can be recovered in a lawsuit, the amount of fees incurred due to the injury or damages that resulted from the accident, or the settlement between the insurance and the policy holder involved in the accident.
But it’s only natural for some people to not pay such a huge amount that easily, especially if they are not sure if there are even any injuries or damages sustained. They first want to be guaranteed that the amount is going to where it’s supposed to be spent or compensated on. That is why some insurance companies require having an independent medical evaluation first from the injured party.
Why is IME needed
It’s only logical for the victim or the injured party in an accident to have himself examined and treated by a doctor. And naturally, he will choose a doctor that he knows or he personally selected. The concern of the insurance company or the defendant in this, though, is that the victim’s own physician may be biased in assessing the injuries incurred. The insurance company or defendant then has the right to have an independent physician do an examination to the victim in order to make sure that he has severe injuries as he claimed it to be and that it was indeed brought about by the accident and not something else.
When and when not to get an IME
Whether or not the injured party decides to have an independent medical examination, he may be compelled to do so under some conditions, especially if the state laws allow insurance companies to oblige it if a claim looks questionable or if the insurance policy requires it. However, the insured may not submit himself to an examination if it causes undue burden to him.
A judge may also order an IME in some circumstances, like if a person’s injuries are in dispute. However, if a person has injuries but only wants to recover compensation for property damages or if the victim sues after the injury has completely healed, then an IME is not in order. IME is ordered not only for personal injury lawsuits but in other cases as well, like in a child custody dispute to know whether a parent is emotionally stable to take care of the child.
Aside from IME, an accident victim should also be ready for to look for top personal injury lawyers in order to have a better chance to recover for damages.
The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.
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