When someone else’s careless and negligent actions cause you to suffer injuries, filing a personal injury lawsuit can help you recover your financial losses. During this process, the defendant’s legal team will likely request you to undergo additional medical tests to prove the legitimacy of your claim.
While it may sound reasonable, they are often trying to find ways to negate your injury claims to either lower your settlement or try to get out of paying it altogether. Amanda Demanda Injury Lawyers represents injured victims throughout the entire personal injury process. With a team of skilled attorneys who understand the many complexities of the legal system, they are capable of protecting the rights of those harmed in personal injury accidents. This blog post will detail more about what a Compulsory Medical Examination (CME) is and how it could affect your case.
What Is a Compulsory Medical Exam (CME)?
A Compulsory Medical Exam or CME in personal injury cases is a medical exam that is requested for completion by the opposing party in your lawsuit. The intent of this exam isn’t for your own well-being or recovery, but rather, to evaluate the merits of your condition and its severity.
While requesting a CME in personal injury cases is permitted, the defendant’s team must have evidence that casts doubt on your injury claim. If this request is made, you will need to have a Compulsory Medical Exam conducted to prove that your injuries are legitimate.
Why Is a CME in Personal Injury Cases Needed?
A CME in personal injury cases is needed when the opposing party suspects a discrepancy in your injuries. It’s a common tactic deployed in an effort to reduce settlements for victims in car accidents, slip and fall accidents, and many other personal injury scenarios.
You do not get to choose the CME physician, and you will need to agree to all tests they want to conduct. They may examine you for broken bones, traumatic brain injury, nerve damage, spinal cord damage, internal bleeding, or organ damage.
Understanding the Purpose of a CME Requested by Insurance Companies
The purpose of a CME is requested to determine the validity of injuries in personal injury lawsuits. As the request is made by the defendant’s attorneys, it is a strategy that is often used in an attempt to deny you the compensation you deserve.
Your attorney can determine the legitimacy of the CME and provide evidence to prove that the claims the opposing party is making are unfounded. However, you may need to go through with a Compulsory Medical Exam during your personal injury case.
Tips for Your Compulsory Medical Exam
One of the most important things any plaintiff should understand when they are sent for a Compulsory Medical Exam is that you may be watched from the moment you arrive to the moment you leave. You may not be able to avoid a CME in personal injury cases, but you can take steps to protect your legal rights.
When a CME is scheduled, you should also schedule an appointment with your own doctor on the same day. Your physician’s report can be used to refute any claims made by the other side if they try to say your injuries are not as severe or were caused by something other than this accident.
You can and should record both of these examinations, and make mention that you are doing so to both the CME doctor and your own doctor. Be honest and stick to the facts when speaking to the CME doctor. You shouldn’t offer any additional information beyond what you are asked.
Why You’ll Want to Have an Injury Attorney When CME Is Requested for Your Injury Claim
If you are asked to complete a Compulsory Medical Exam, your attorney can help protect your rights. The CME doctor may try to claim that your injuries are not real or not severe enough to warrant the compensation being sought in your case. They could also blame it on pre-existing conditions or disagree with what your physician has diagnosed.
In any of these scenarios, having injury attorneys on your side will prevent many of these issues. When a problem does arise with a CME in personal injury cases, your attorney will know how to handle it. Amanda Demanda Injury Lawyers can assist you in navigating this process by working to prove the request for a CME is unfounded in your case and guiding you through a CME if you must have this medical exam.
