If you were injured in a car accident in Greenville, your insurance company would most likely ask you to undergo a medical examination by a doctor of their choice, called a compulsory medical examination. Regardless of who caused the traffic accident, you will most probably receive a request by the insurance company for an Independent Medical Exam (IME). Nevertheless, the insurance company will try to use the “independent” medical examination against you. Even when you are obliged contractually to undergo a compulsory medical examination, you can do things to protect your rights to compensation.
This independent medical examination is actually a compulsory medical examination (CME) requested by the defense of the at-fault party of the car accident. The insurance company hires the doctors to examine you and find the evidence they need to avoid paying the compensation you deserve.
If you or someone you love have suffered injuries from a car accident, it is imperative to consult a South Carolina auto accident attorney to help you protect your car accident claim, especially if you must undergo a compulsory medical examination. Your auto accident lawyer will set the rules of the examination in advance of the exam. However, a good cause must exist for the request of the IME. If the request is not justified, or if the noticed exam is the same as the previously conducted exams, then your lawyer should serve an objection to the examination within a time limit.
Independent Medical Examination Procedure
Here is how an independent medical examination works:
All the questions asked by the doctor and the nurse before your medical examination is known as history and will concern the following:
- Personal Information – Your name, address, age, profession and marital status.
- Information about the accident – Details about the time and place of your accident, how you were injured, and how the car accident occurred. Your auto accident attorney will advise you not to give details of how the accident happened. Your statement should be brief since your complete description of the incident has already been given to the insurance company that requested the compulsory medical examination.
- Your injuries occurred in the car accident – You will have to describe truthfully, and as accurately as you can the injuries you received in the auto accident.
- Pain and suffering resulting from the car accident – A complete description of the suffering you experienced during and after the accident.
- Medical care, therapy, and disability – How the injuries affected your life. For example, if you had to stay in the hospital and for how many days. When you returned home, were you able to work, or did you stay in bed, and for how long? How often did you visit your doctor for therapy, and if you are still receiving medical treatment?
- Home medical care – The medical aids or appliances you needed at home for your treatment.
- Your current condition and complaints – any physical condition or handicaps that resulted from the car accident. You should describe to the doctor how the results of the accident still affect the quality of your life and whether you have fully recovered from your injuries or not.
- Previous accidents – You will be asked whether you have been injured in the past. You should give information about all of your past injuries because if you fail to disclose a former injury may be used against you in court.
- Previous severe illness – you will be asked whether you have been through a severe illness in your past and if you were hospitalized. You should answer all these questions truthfully.
The next step of the examination is the physical examination. The doctor will examine the parts of your body that were injured in the accident. The doctor may check whether you still have any symptoms of your injuries, like swelling, atrophy, or scars. The doctor may also examine your movements, whether there is any muscle spasm or difficulty in bending or turning parts of your body. Furthermore, the doctor may check the areas of your body that you complain of feeling pain. Then, the doctor may examine you generally, including your heart, lungs, blood sample, or reflexes, to conclude whether any other medical condition causes your complaints.
You should remember not to fill out any forms or questionnaires or sign any documents in the doctor’s office. Moreover, you should not accept any other doctor to be present during your examination apart from the doctor named in your compulsory medical examination request letter
Contact A South Carolina Car Accident Attorney
If you or someone you love suffer injuries from a car accident, you should contact a car accident lawyer in Greenville, SC. Our team of experienced car accident lawyers will ensure your bodily injury claim’s success. Call us at Brumback and Langley law firm to arrange for your free consultation.