West Palm Beach Car Accident Order Allowsing Independent Medical Examination of Plaintiff

West Palm Beach Car Accident Order Allowsing Independent Medical Examination of Plaintiff

West Palm Beach Car Accident Plaintiff's Interrogatories and Request to Produce to Defendant's Medical Evaluator

West Palm Beach Car Accident Plaintiff's Interrogatories and Request to Produce to Defendant's Medical Evaluator Call 1 800 HURT 911

West Palm Beach Florida Car Accident Subpoena to Doctor for Trial

West Palm Beach Florida Car Accident Subpoena to Doctor for Trial Call 1 800 HURT 911

West Palm Beach Deposition Outline for Defense Doctor/Independent Medical Exam Doctor

A deposition is yet another discovery tool used by a plaintiff's West Palm Beach car accident attorney to gather information which my be helpful in settlement negotiations or at trial.  In a deposition, the plaintiff's attorney ask one of the defense witnesses or some other person relevant to the case, a series of questions under oath.  These depositions are typically transcribed by a court reporter so that they may be used at trial to impeach a witness or damage their credibility on the witness stand.  The rules of evidence are more lenient; therefore, the attorney can ask questions that he/she might not otherwise be able to in court.  The insurance company is entitled to have the the plaintiff evaluated by their own doctor.  This process is called an independent medical examination. Some of the questions your attorney might ask the IME doctor at a deposition might include: background, board certification, specialty, surgeries, how many IME's performed, what percentage for Plaintiff and Defendant, how much charge for IMW, how much time spent with patient, was a report generated, who wrote the report, conclusions based on report, etc.

Independent Medical Examinations and Your Palm Beach County Car Accident

If you have been injured in a Palm Beach County car accident, the insurer has a right to to mandate an independent medical exam (IME) for mental/physical conditions that are material to the benefits being claimed.  Because of this right under Florida no-fault (PIP) laws, the insured can be denied benefits if they miss an appointment except in certain circumstances.

If a claimant does not attend an IME, the insured may be relieved from paying medical bills incurred prior to the exam but billed after benefits have been terminated.  Failure to attend does not automatically eliminate an insurer's duty to pay, you have to look at the contract itself and see if maybe the appointment was scheduled remote to the plaintiff's residence.  You should hire an experienced Palm Beach County car accident attorney prior to attending an IME to insure your rights are protected.  You are allowed a witness and remember the doctor is hired by the opposing side and will be trying to show that you are not injured or not in pain.  Br sure to let the doctor know of any pain and injuries you have.

PIP Benefits and Mental and Physical Examinations After Your Delray Beach Car Accident

Your insurance carrier may be able to choose the doctor who performs your physical/mental exam after a Palm Beach County car accident.  Sometimes the insurance carrier uses this right under Florida Statute 627.736(7) to stop paying claims.  An insurance company can only withdraw payment from a treating doctor when they have obtained a report from a doctor licensed inder the same chapter whose treatment authorization is sought to be withdrawn.

This does not limit the type of doctor the insurance carrier can choose to perfrom your IME (independent medical examination) and you cannot unreasonably refuse to attend an IME on the grounds that the doctor is not licensed under the same chapter.  The doctor does not have to be agreed upon by the insurance company and your attorney unless the doctor is questionable.  If you unreasonably refuse to attend an IME then the insurance carrier will no longer be liable for subsequent personal injury protection.  You have the right to have a 3rd party present and to videotape and record the exam.