South Florida Injury Lawyer Blog
An independent medical examination (IME) could be critical to your Florida injury claim. Simply put, this evaluation is performed at the request of the insurance company or defendant in a case regarding worker’s compensation or personal injury. This includes injuries caused by auto accidents, slip and falls, defective products, injuries on public or private property, and work-related injuries.
Personal injury claim
Florida law requires that the plaintiff in a personal injury case prove:
- The person or business who caused your injury owed you a duty of care
- The person or business was negligent in that duty
- You suffered injury or damage that was caused by the breach of duty
- The injury or damage can be demonstrated legally
All four of these conditions must be present for a personal injury case of any kind to move forward. If you have been to a doctor who has diagnosed certain injuries, which you can demonstrate in a court of law were caused by the negligence of the defendant, you have a personal injury case. However, the defendant or their insurance company has the right to dispute your injuries. That’s where an IME comes in.
The risk of a biased IME
The purpose of the IME is to provide an “independent” third-party medical opinion on your injuries. However, since the defendant gets to choose the doctor who will perform the examination, the risk of bias is quite real. Insurers and defense attorneys choose doctors who consistently make determinations in their favor – perhaps underreporting the patient’s injuries or suggesting the injuries are not long-term.
As a personal injury attorney experienced in dealing with the strategies and often unfair practices of insurance companies and defense lawyers, I am prepared to protect my client and dispute the “independent” medical doctor’s results. This can be done by placing doubt on the doctor’s actual independence – for instance, if that doctor’s primary income source is doing IMEs for insurance companies or lawyers, jurors are less likely to trust the results. Doubt can also be placed on the IME by bringing in our own medical experts to dispute the findings and support our description of my client’s injuries.
It is possible to dispute the request of an independent medical examination by arguing that the additional examination is not necessary or is an attempt to bias the jury. However, if the order stands, the injured party must submit to the examination. Nonetheless, as your attorney, I can insist that you be accompanied by a representative from our team or that the examination be video-recorded and shown to the jury, if necessary. These steps can help mitigate the risk of a biased result or can refute the IME physician’s final report.
IME and PIP
Florida’s PIP laws require that you receive a medical examination within 14 days of an auto accident or you forfeit your right to PIP payments. However, your insurer may still, under Florida law, request an additional independent medical exam. You must comply with the IME request. If your refusal to submit or your failure to appear is determined by the court to be “unreasonable,” the insurer has grounds for denying benefits.
Get the help you need
Please don’t try to go before an insurance company or a judge alone. As a Florida personal injury lawyer and life-long Floridian, I am committed to helping my fellow Florida residents throughout the state receive just and fair compensation to cope with the injuries they have sustained due to someone else’s negligence. I know how to defend you against unfair practices by insurance companies and defense lawyers whose goal is to save their clients’ money. My goal is to help you get the help you deserve to live life to the fullest following your injuries. Contact me at (954) 448-7288, 24/7 for a free consultation to see how I can help you.