Insurance companies often request what’s called an Independent Medical Examination (IME) after an accident takes place. Despite its name, this type of exam is not always truly “independent.” Instead, it’s usually arranged and paid for by the insurance company or the defendant’s legal team.
An IME can have a significant impact on the outcome of your personal injury case. As a result, learning about what these exams are and how to handle them can help protect your claim and ensure fairness as well.
What Is an Independent Medical Examination?
An IME is a medical evaluation performed by a doctor chosen by the insurance company or the opposing party. The goal is to get a professional opinion about your injuries, medical condition, and recovery.
In theory, an IME is meant to provide an unbiased medical assessment. In practice, however, the doctor performing the exam often works for or has a long-standing relationship with the insurance company. Because of this, IMEs sometimes lean in favor of the party paying for the exam.
During an IME, the doctor may:
- Review your medical records
- Ask you about the accident and your symptoms
- Conduct a physical examination
- Evaluate whether your injuries are consistent with what you reported
- Offer an opinion about your ability to work or return to normal activities
Their findings are then sent to the insurance adjuster, who may use the report to challenge your claim and possibly reduce the amount of compensation they offer.
When Are IMEs Requested?
Many independent medical exams can occur during settlement negotiations, but they can also take place during the litigation phase.
They are common in certain circumstances, such as when:
- The insurance company disputes the seriousness of your injuries.
- There’s disagreement over how the accident happened.
- Your recovery period seems longer than expected.
- You’re seeking significant compensation for pain and suffering.
If you file a personal injury lawsuit, the defense may request an IME as part of the discovery process. Courts often allow it, as long as it is considered reasonable and relevant to your injuries.
How to Prepare for an Independent Medical Examination
Preparing for an IME properly can make a significant difference in how it impacts your case. Here are several key steps to keep in mind:
- Be honest and consistent: Describe your symptoms accurately, just as you have with your own doctor. Exaggerating or minimizing your injuries can harm your credibility.
- Bring the necessary documentation: If requested, take medical records, X-rays, and prescriptions that relate to your injuries.
- Avoid unnecessary conversation: Remember that the IME doctor is not your personal physician. Keep answers short and factual, and don’t discuss details about your case.
- Observe what happens: You can take notes afterward about how long the exam lasted, what questions were asked, and what tests were done. These details may be useful later if the IME report is disputed.
- Talk to your personal injury lawyer first: Your attorney can explain what to expect and may give you written instructions before the exam.
Being prepared helps you stay calm and professional, which can strengthen your position if the report is later used against you.
How an IME Can Affect Your Personal Injury Case
The outcome of an IME can significantly influence your settlement or jury verdict if your case goes to trial. If the doctor’s report supports the insurance company’s position, they might use it to argue that:
- Your injuries aren’t as serious as claimed.
- The accident didn’t cause your current condition.
- You’re ready to return to work sooner than expected.
- You need less medical treatment than recommended.
In some cases, the IME report may contradict your treating doctor’s opinion. When that happens, your lawyer can review both reports and point out inconsistencies and potentially bring in expert witnesses to challenge the findings if needed.
Common Problems With Independent Medical Examinations
While IMEs are meant to be neutral, several common issues can make them unfair. These include:
- Bias or financial interest: Some doctors perform IMEs regularly for insurance companies and may favor the party paying them.
- Incomplete exams: The doctor may only spend a few minutes with you and make assumptions instead of conducting a full evaluation.
- Misrepresentation in reports: The final report might include statements or conclusions that don’t match what happened during the exam.
If this occurs, your injury attorney can request a copy of the report, review it carefully, and challenge any inaccurate or misleading statements on your behalf.
Contact Zayed Law Offices Personal Injury Attorneys for a Free Initial Consultation With a Chicago Personal Injury Lawyer
If you’ve been asked to attend an IME, it’s important to understand your rights and how the process works. The insurance company’s goal is to protect its bottom line, not necessarily your financial recovery.
An experienced Chicago personal injury lawyer can help you prepare for the exam appropriately and make sure your side of the story is heard. They can also continue negotiating with the insurer and pursue your case in court if needed from there.
Reach out to Zayed Law Offices Personal Injury Attorneys today at (312) 726-1616 for a free consultation.
