Texas Personal Injury Claim: Independent Medical Exam
Texas Personal Injury Claim: Independent Medical Exam
In case you are filing a Texas personal injury claim, you will need to go through an Independent medical examination. The defendant can ask you for a medical examination for your injuries if you file a claim for a car, motorcycle, or any other accident.
The main aim of the IME is to find out the extent of your injuries. It will ultimately affect the compensation that you will get. So, to give you an idea about IME, we will cover all the things you need to know about an independent medical examination. Let’s start by learning what an IME is.
What Does an Independent Medical Examination (IME) Entail?
A physician which the defendant or their insurance company chooses, performs the tests and medical examinations to know about the severity of the injuries. They are professionals who are a doctor of MD (medicine) or OD (osteopathic medicine).
In addition, they must have the experience of conducting IMEs for some time. One of the main issues with the IME is that the doctors already have a relationship with the insurance providers.
It means there is a huge chance that even though they are independent, they are likely to be in favor of the defendant. There are a few guidelines that the physician needs to follow when conducting an IME:
- The defendant or their insurance provider is responsible for bearing the cost of the IME
- The physician who carries out the IME must be available for cross-questioning by the other party’s lawyer
- The defendant can only conduct one IME unless there is a reason to conduct further exams
- The defendant or the insurance agency must give the plaintiff adequate information on the date, venue, nature, and extent of the examination.
Is an Independent Medical Examination Biased?
More than 2.5 million people received medical treatment due to motor vehicle accidents in 2019. It is why there are a high number of people filing a Texas personal injury claim each year. The majority of them will have to go through an IME for their claims.
However, there is a concern by the plaintiff and their lawyers regarding the accuracy of the report. Since the insurance companies choose the physician for IME, they already have a relationship with them. However, the IME is the choice for a second opinion. You must be aware of the goals of the IME.
What Are the Main Objectives of the Independent Medical Examination?
IME is important, especially for the no-fault states. However, it is important to note that Texas is an at-fault state. Even in a no-fault state, the defendant can ask for an IME. The main reason why the insurer of the defendant might want you to go for an IME is that they want to have a legal ground to dispute your case.
If you are part of an accident, whether car, bike, pedestrian, they are a few things you need to know about the results of an IME, such as:
- The injuries of the victim are not as severe as they claim
- The accident is not the reason or the prime cause of the injuries
- The victim has not sustained any injuries at all
Steps to Take Prior and Throughout an IME for Your Texas Personal Injury Claim:
Before you go for your IME, it is important to know about a few steps that you need to take.
IMEs are not The Final Verdict:
One thing you need to keep in your mind is that IMEs are not the final verdict for your case. By getting the services of a reputable attorney, you can cross-question the physician and know about the authenticity of the report.
Maintaining consistency is imperative for your injury claim. It is important to remain vigilant throughout the examination so that you don’t give away any point to the doctor to contradict your previous statements regarding your injuries.
Avoid Consuming any Medication:
It is highly advisable that you don’t take any pain medication before your IME.
Choose Brent Coon & Associates to Challenge Your IME Results:
Are you looking to get compensation for Texas personal injury claim but facing the challenge of IME? Then, call up the professional lawyers at Brent Coon & Associates. We have years of experience and the expertise you need to give you complete guidance for your case.
Give us a call, and we can challenge the findings of the Independent Medical Examination to get the compensation you deserve for your injuries in an accident.
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