What Is a Compulsory Medical Examination?
If you sustain a severe injury from an accident in Florida, you can sue and receive compensation from an at-fault party if you prove negligence. When you file a lawsuit, you need to establish;
- that the accident was the direct cause of your injury and
- injury severity.
You can’t receive compensation if the accident in question was not the direct cause of your injury. It is also difficult for you to receive compensation if your injuries do not meet a certain threshold. According to Florida statute 627.737, a plaintiff qualifies to receive compensation in situations such as when an injury involves permanent or noteworthy disfigurement, and permanent or significant loss of a crucial bodily function.
However, despite the amount of evidence you collect to support your claims, the defense can request you to undergo a medical examination aimed at proving your claims. Such an exam is called a compulsory medical examination (CME) or an independent medical examination (IME).
In a significant number of personal injury cases, claimants are requested to undergo the examination. Therefore, you need to understand some information about the exam to stay well-prepared.
Why Would the Defense Ask a Plaintiff To Attend a CME?
Several reasons would motivate the defense to ask a plaintiff to attend a CME or IME. Three of these reasons are;
- a plaintiff claiming a controversial condition,
- the need for proof of injuries, and
- suspicion of exaggeration in terms of the extent of the injury.
The defense team may need to prove their reason for requesting a plaintiff to attend a CME.
It is important to note that plaintiffs have the right to object to the examination. If you choose to object, you will need to provide and prove your reasons for objecting.
What Does a CME Involve?
A compulsory medical examination generally involves;
- the reviewing of records
- a physical examination
- an interview
- evaluation of test findings
You must remember that the defense team will most likely request you to attend a CME as a way of trying to minimize your compensation or evade compensating you. Therefore, before you attend a CME, you should allow an attorney to help you prepare adequately. Also, during the CME, you can have your attorney present.
Need Help Preparing for a Compulsory Medical Examination or With Your Personal Injury Case?
If you have been involved in an accident with a negligent party, you might be feeling concerned about having to attend a compulsory medical examination. Maybe you have heard stories about how defense teams make it hard for people to pass these tests. Perhaps you even know someone who failed the CME test and lost their chance of receiving compensation for their injury. Despite what you know or have heard, you need to keep in mind that each personal injury case is unique. You need to remember that even if you believe you have strong evidence or your claims are genuine; it is difficult for you to get positive outcomes without an experienced and qualified personal injury attorney. To maximize your chances of passing a CME and receiving the compensation you deserve, consider working with the West Palm Beach personal injury attorneys at The Pendas Law Firm. Our legal team has dealt with numerous personal injury cases and has the experience you need. Contact our office today to schedule a free consultation.
The Pendas Law Firm also represents clients in the Jacksonville, Miami, Ocala, Orlando, Daytona Beach, Tampa, Bradenton, Fort Myers, and Fort Lauderdale areas.