A certain percentage of our cases at the Law Offices of Dianne Sawaya eventually end up going to trial. If you?ve been hurt in a car accident, part of the process you?ll probably go through as we prepare for trial is what?s called a Rule 35 exam, or more commonly an ?independent medical exam? (IME). This involves being examined by the at-fault insurance company?s doctor.
In almost every case I have ever seen, the report this paid-for doctor generates is anything but independent and almost never in your favor. In Colorado (and in many other states), the insurance company doctor can get away with statements and conclusions that are not only negative, but sometimes outright false. They can claim that the crash you were in could not possibly have caused your injuries. They can say yes, maybe you are injured, but your injuries came before the crash. I?ve even seen cases where a doctor says the client caused their own injuries after the crash.
Because these so-called ?independent? medical exams can be so skewed, biased or flat-out wrong, your car accident attorney Colorado often will have to spend money on another doctor to perform a truly independent exam. That way we can counter the halo effect ? the tendency of many people put doctors on a pedestal.
With a skilled deposition, our Denver personal injury lawyers often can quickly poke holes in an IME. How much money did the doctor make from that insurance company last year? In the last five years? From other insurance companies? And there are other legal areas where we can challenge an IME doctor?s findings. If a case goes to trial, an objective medical report from our doctor and our ability to point out the conflict of interest the insurance company doctor has can neutralize the jury?s doctor halo thinking.
If you?ve been in an accident, you need an attorney who will get you the money you deserve. Give me a call at (303) 758-4777, email me at DLS@dlslawfirm.com or visit our website at www.dlslawfirm.com for more information.
Let?s talk about your case. There?s no cost or obligation. We?ll help you get the money you and your family deserve for the injuries you?ve suffered. And remember: If we take your case, we don?t get paid unless you get paid.
Continue reading ?Insurance Company IMEs Are Not Independent?
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