Can the Insurance Company Require an Independent Medical Examination for My South Carolina Injury Claim?

Our David W. Martin Accident and Injury Lawyers in South Carolina know that seeking medical care immediately after a vehicle collision, slip and fall accident, or work injury will help strengthen personal injury or workers’ compensation claims.

When filing a claim against the at-fault party’s insurance or an employer’s workers’ compensation insurance coverage, the one thing that must be true to have a legitimate claim is that you were injured.

To prove this is true “impartially,” some insurance companies request the injured party to undergo an Independent Medical Examination (IME). The question is, do you have to participate in the exam? We have answers.

Should I Participate in an Independent Medical Examination?

Medical Examination

An independent medical examination is a medical evaluation performed by a medical professional on a patient who was not previously involved in the treatment of that patient to evaluate the patient’s course of prior treatment and current condition.

In short, it is the equivalent of seeing a physician you have not seen before who has no prior knowledge of your accident and injury circumstances so that they can review your injuries “objectively.”

IMEs help establish findings, opinions, and conclusions about your physical condition. Unfortunately, the outcome of an IME is based solely on that physician’s opinion, which is often not impartial, fair, or objective.

Our skilled South Carolina personal injury attorneys do not believe most IMEs are “independent.” They are exams paid for by insurance companies to help reduce payments on claims or deny them altogether.

If you have been hurt in a personal injury accident caused by another person, party, or entity’s negligence, you are under no legal obligation to agree to an IME during the insurance claim and negotiation phase.

Contact our experienced South Carolina personal injury lawyers to ensure your rights are protected from the start of your case through its conclusion.

Who is Required to Undergo an Independent Medical Examination?

IMEs are most often used in South Carolina workers’ compensation cases. Still, you might find a request for an IME in a different type of case if there is a question about injury causation, the need for treatment, or a disability rating.

In addition, you may be required to attend an independent medical examination (IME) for your personal injury claim if it becomes a lawsuit. Once your personal injury suit is filed, your case must follow proper court procedure. All state courts require injury plaintiffs to attend at least one IME if the insurance company requests it.

Contact Our David W. Martin Accident & Injury Lawyers Today

If you have been injured by negligence or at work in South Carolina, contact our David W. Martin Accident & Injury Lawyers today by calling (803-258-6199 to learn more about your legal rights and options to avoid an IME or thoroughly prepare for a mandated IME so that you can achieve the best results for your personal injury or workers’ compensation claim.

We provide free consultations for all South Carolina personal injury and workers’ compensation cases. We never charge legal fees unless we deliver a positive outcome for your unique case.

David W. Martin Accident and Injury Lawyers is the personal injury division of David W. Martin Law Group, LLC. David W. Martin Law Group, LLC. is responsible for all content, links, and blogs contained within this website.

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