Introduction
Settlements in serious accident cases usually provide for the payment of a large sum of cash to the injured person, which is paid either by the "at-fault" party or by the "at-fault" party's insurance company. The party responsible for paying out a large sum of money wants to be certain that the injuries are real and that the injuries did, in fact, arise out of the accident. Also, the responsible party may want to independently determine that the victim's injuries are as bad as the victim claims. By requesting an Independent Medical Examination (IME), the responsible party's concerns can be addressed. The IME doctor is an independent practitioner who provides an independent assessment of the injuries sustained by the victim in the accident.
What to Expect
When a victim seeks compensation from someone else for his or her injuries, one concern is that the victim's physician may be biased toward the victim regarding the evaluation of his or her injuries. Due to this presumed bias, during settlement negotiations or during a trial, the "at-fault" party may require an IME of the victim's injuries. The IME doctor will examine the victim to determine that the victim did in fact sustain personal injuries, assess the seriousness of those injuries, and ascertain that those injuries are the result of the accident caused by the "at-fault" party.
Under certain circumstances, if the injured party does not voluntarily submit to the IME, he or she may be compelled to be examined. An insurance company may require an IME when a claim appears to be questionable. An IME can only be compelled when the insurance policy contains language requiring that the insured party submit to an exam. Typically, the IME language is contained in your own health insurance policy, or your automobile "med-pay" policy. However, the injured party may not be required to submit to the exam, if the IME places an undue burden on the injured person (such as traveling a long distance to the IME doctor's office).
Georgia Court Rules provide that a judge may order an IME under certain circumstances. A judge may order an IME if a person's physical or mental injuries are an issue in the case. However, if a person only sues for damages to his or her car, an IME would not be appropriate. Also, an IME may not be appropriate if the victim files his or her lawsuit after an injury has completely healed.
The party seeking the IME is required to pay for the examination. The party requesting the IME usually submits the name of one or more IME doctors to the injured party. Under certain circumstances, the injured party may object to a particular IME doctor. The party seeking the IME would then submit the name of one or more other IME doctors. In cases where the parties are unable to agree upon an IME doctor, the court may decide upon the IME physician. The injured party's attorney may be allowed to attend the examination.
Personal Injury Law and Independent Medical Examinations in Georgia
IME's in Georgia civil matters are likely to be requested in the following types of cases:
- In Civil Claims under the terms of your Health Policy or auto Med-Pay plan
- In Civil Litigation if your physical or mental injuries are an issue
- In Worker's Compensation cases (See OCGA § 34-9-310)
If you have been injured in an accident and seek to recover money from someone else for your injuries, you may be required to submit to an independent medical evaluation. When you go to the examination, take your medical records, your test results, and your x-rays for the IME doctor to review. Allow the doctor to do the examination, be honest about the injuries you sustained, and be sure to communicate to the doctor all the details of the injury. The examination should not be feared, but simply be treated like any other examination by any other physician. In the long run, it will help you recover the money you deserve.
DAVID E. DANDA & ASSOCIATES, LLC - Personal Injury Experience
I have been a Plaintiff's Personal injury attorney for over 20 years. I have successfully resolved cases involving soft tissue injury, broken bones, and wrongful death for clients of all ages. Several of my clients have submitted to IME's. Generally, they have corroborated my clients' injury claims. In at least one instance, the IME concluded that my client was in worse condition than she maintained. Also, in one case I objected to the proposed IME doctor (the IME doctor and the treating physician had a prior antagonistic history). Based upon the objection an alternate doctor was provided.
Please contact us:
David Danda
David E. Danda & Associates, LLC
P. O. Box 941334
Atlanta GA 31141-0334
770.938.0977
770.939.6538 (fax)
daviddanda@mindspring.com (email)