Many times an insurer will request a medical examination. This is a right that is grated by the court. The physician who conducts the physical may be present to testify at your trial. This is not uncommon in an insurance defense case. Any findings are admissible in court. You must take caution during the examination, because anything you say is also fair game for the trial. Be careful when talking about how you were injured. Don’t over explain the extent of your condition.
Because of the sensitive manure that occurs with a defense medical examination, it is important that you know some dos and don’ts to be aware of. Make sure to arrive on time. Be patient if you are requested to wait. Be honest when describing your injuries and answer any questions to the best of your ability. Make sure to look at any documents given to you. In this case, do not sign anything that has not been reviewed by your attorney. This is for your own protection and your rights in the courtroom. Answer what is asked of you. Be direct and don’t answer with any more information than you have to. This doctor has been hired y the defense to work against your case. Remain calm and polite. If you become angry and impatient, the doctor may be negatively influenced by you. Always take note of now long the exam took
Under no circumstances should you become angry or try to argue your side of the case. Do not refuse to answer any medical related questions. This is all the doctor is permitted to ask. If any questions are not appropriate, just politely state that your attorney will answer any of those questions. Respond accurately to the doctor. Don’t say that everything hurts. The doctor is often asked to document how you react to pain. You don’t want it to look like your responses are exaggerated. Under no circumstances should you volunteer information. This will be used by the defense litigation attorneys to come back at you. Don’t question the doctor’s credibility. This is the job of your attorney during the trial. Never use legal or medical terms. Never try to guess what the physician will ask. You may end up showing inconsistency. It is ok to say you do not know if the doctor asks something that you can’t answer.
The insurance defense has the right to have these examinations take place. By following the steps above, you will be giving the defense their right. You will also be protecting yourself against undue challenge during the trial.
Make sure that you have an attorney who is experienced in the area of insurance defense law. You will be going up against major insurance companies who are not working in your best interest. They are working to discredit your case. Your attorney will help you build the solid case that you need to get the recovery that you deserve.
This article should not be construed as legal advice.
Website Resource: The Personal Injury Attorneys of the Snyder Law Group. Serving Lakewood Ranch and Bradenton, FL.