In this short blog presented by an experienced Renton personal injury attorney, the issue of independent medical exams, or IMEs, is explained.
Not Exactly “Independent”
The term “independent medical examination” has become somewhat of a misnomer. These examinations are called by the defense counsel for insurance carriers in cases where injuries have been sustained to the claimant’s muscles, ligaments or spinal column. Your Renton personal injury attorney is more likely to refer to them as “insurance” or “defense” examinations because they are neither initiated nor employed for anyone’s benefit other than the insurer.
Correcting the Misnomer
So that there can be no assumption of impartiality where none exists, your Renton personal injury law firm attorney can petition the judge via a motion in limine to require that both counsel for the defense and the court refrain from using “independent” at trial. Instead, they should be required to say “defense medical examinations” or “medical examinations” as an appropriate alternative.
Reducing the IME’s Influence
There are several things your Renton personal injury law firm attorney can do so that the IME becomes less of an issue:
- Since settlement negotiations tend to be when these examinations are demanded, some flexibility on the amount may reduce the likelihood that the carrier will ask for one;
- Be sure that as much medical documentation of your injuries as possible has been made available so that any doubts that the insurer has concerning how badly you were hurt can be resolved; and
- Keep your settlement demand reasonable. Your Renton personal injury attorney may avoid the question of an IME altogether if the carrier does not feel that the settlement figure requested is more than might be considered justifiable.
Call for Help Today
Be sure you have qualified, experienced representation. Contact Edward K. Le Attorneys at Law, your Renton personal injury attorney, by calling (425) 336-2255 today.