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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have an auto accident case and I went to the deposition about

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I have an auto accident case and I went to the deposition about 1.5 months and the defendant went to the disposition as well. Now my the defendant attorney scheduled a IME doctor's appointment for me to go to.

Do I have to behave in a certain manner or respond to the doctor at the Liability IME appointment?

What should I wear, any business attire or comfortable casual sports attire going to the Liability IME appointment?

How long will it take at the Liability IME appointment and what questions will the doctor ask me?

Is this the final stages of the auto accident case, where the settlement amount will be finalized?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

>I>Do I have to behave in a certain manner or respond to the doctor at the Liability IME appointment?

No - there is no specific "rule" for this. The only requirement is to be open and honest. However, it would be best not to provide any more information than asked. The Independent Medical Examiner is the doctor that your Worker's Compensation Insurance or Employer has chosen. The IME doctor is paid for by the carrier or Employer. So their report may be biased.

Remember that one has the right to get a second opinion from their own physician.

What should I wear, any business attire or comfortable casual sports attire going to the Liability IME appointment?

Comfortable, casual attire is best.

How long will it take at the Liability IME appointment and what questions will the doctor ask me?

The appointment can vary in length depending on the injury, but generally would not last longer than an hour to two hours. In other words, it is akin to a general doctor's appointment. The physician will ask you of your medical history and the events that lead to the injury in question, as well as to describe any/all medical problems one feels after the injury.

Individuals sometimes try to exaggerate. The IME doctor will be able to detect this; parts of the exam are designed to detect fake reporting. So honesty is best.

Is this the final stages of the auto accident case, where the settlement amount will be finalized?

Not quite. The IME will then report back to the employer/insurance, and then they will send an offer. At that time, it may be accepted, counter-offered, etc.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer: replied 4 years ago.


When they send an offer, how is the offer calculated? is it based on the Personal Injury liability insurance (25K) from my car insurance?


 


I do not have worker's comp so this IME doctor's appointment is not from my employer or worker's comp.


 


This IME doctor's appointment is from defense counsel that scheduled this liability IME appointment.

P,

When they send an offer, how is the offer calculated?

What they are offering should at least cover:

1) all medical bills;
2) all bills for any property repair;
3) missed work; and
4) pain and suffering.

Not that they have to, but because they know that you'll at least get that in Court. The last one (pain and suffering) is the wild card, and there is where they will try to avoid paying much.

Now if one feels that their offer is too low, then a counter-offer may be sent. If there cannot be an agreement, then one may have to file suit.

I do not have worker's comp so this IME doctor's appointment is not from my employer or worker's comp. This IME doctor's appointment is from defense counsel that scheduled this liability IME appointment.

Right - however, the same applies.

s it based on the Personal Injury liability insurance (25K) from my car insurance?

If the defense counsel represents an insurance company, it will generally not be higher than whatever the amount they are lawfully obligated to cover their insured for, but of course they will still try to make it as low as possible.

If the defense counsel represents the individual company/entity, then there is no "limit," but of course they will still try to make it as low as possible.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer: replied 4 years ago.

Do you mean if there cannot be an agreement, then one may have to file suit as goto to trial?


 


My lawyer recently told me things are moving along and he asked me if the car was repaired by the other defense party and if all the medical bills were paid.


 


But some of the medical bills were not paid by nofault insurance because nofault only paid a portion of the balance of the medical bill so do I mail the copies of the bill to my lawyer?


 


My lawyer should of received a copy of each medical bill that was either fully paid or partially paid by no fault insurance. But I just want to make sure if I should mail it to my lawyer?

Do you mean if there cannot be an agreement, then one may have to file suit as goto to trial?

Yes.

But some of the medical bills were not paid by nofault insurance because nofault only paid a portion of the balance of the medical bill so do I mail the copies of the bill to my lawyer?

Yes.

My lawyer should of received a copy of each medical bill that was either fully paid or partially paid by no fault insurance. But I just want to make sure if I should mail it to my lawyer?


Yes, one should. Then, the attorney adds this to their demand negotiation and it helps to justify more in the settlement request.
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Customer: replied 4 years ago.

But my lawyer should of received a copies of each medical bill that was either fully paid or partially paid by my no fault insurance. Then why do I have to mail it to them?


 


That means my lawyer should have a copy of all of bills and I should not be worried about it as they are getting paid 33.3 % of share and it's their job to be organzed and file all the important data so that they analyze the settlement amount!! But I just want to make sure if I should mail it to my lawyer?


But my lawyer should of received a copies of each medical bill that was either fully paid or partially paid by my no fault insurance. Then why do I have to mail it to them?

Just to make sure that the attorney has ALL the bills. They'll get rid of any duplicates. Do not worry.
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Customer: replied 4 years ago.


I went to the IME doctor's appointment and the doctor that examined me forced me to stretch side to side and backward forward and bend down all the way, is the doctor supposed to ask me how much can I bend up to what comfort level due to my pain/injury caused by the auto accident?


 


Also, the doctor tried to trick me in taking a xray for my back and neck and all my attorney said was to just take an physical orthopetic examination?

Hello and thank you for your follow up. Yes, the physician can ask you any reasonable question per your injury.

As for the x-ray, unless it has anything to do with the injury, it may be in one's best interest to decline.
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Customer: replied 4 years ago.

I meant that the doctor used his hands with force to stretch me out in many directions (backwards, forwards, sideways, and etc). The physical checkup supposed to be the patient strectching themselves to what level they can do it (Not the dcotor using his hands with force to stretch you).


 


And I did decline the xrays for the neck and back.

P,

Well, the appointment was entirely voluntary. You technically could have stopped it at any time. It is not unusual for physicians to put their hands on a patient during an exam. I cannot tell you whether or not what they did was out of custom with a physician because I am not an attorney. But it was not "illegal" for them to do so, if this is what you mean...
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Customer: replied 4 years ago.


But I went to many no fault physical exams and the doctor would not force you to get stretched out but he would ask you does this hurt and bend down to the farthest level that you possibly can with no pain instead of the doctor putting force on you to stretch you out. The way this exam was done was very not consistent results for the exam checkup!!

P,

Recall what I had stated earlier:

The Independent Medical Examiner is the doctor that your Worker's Compensation Insurance or Employer has chosen. The IME doctor is paid for by the carrier or Employer. So their report may be biased.

Perhaps this was to help make the report more inclined towards the employer. Or, perhaps it is simply another way of performing the physical. There is more than one way to do a physical and it may or may not involved the physicXXXXX XXXXXdling the patient's person as well. We will not know the doctor's reasoning for doing this. We do not know if this was due to bias, or simply another way of doing the physical.

However, if the result is in the employer's favor, it may be a good idea to get another physician's opinion.
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Customer: replied 4 years ago.

What is biased mean? This doctor was paid and chosen from the defense counsel attorney becuse I do not have worker's comp.

P - recall.what I stayed earlier: "The Independent Medical Examiner is the doctor that your Worker's Compensation Insurance or Employer has chosen. The IME doctor is paid for by the carrier or Employer. So their report may be biased." BIAS means in favor of the Defendant. If this is indeed the case, then one may wish to get a second opinion from another less biased physician to counter the original biased physician's report. In the end, if a settlement cannot be reached, it would be up to a judge or jury to decide whose report was more convincing.
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Customer: replied 4 years ago.

After the IME appointment is completed, do you know what is the next steps to expect in this stage of the auto accident case?


 


Approximately how long does it take to finally reach a settlement offer for this case to be finalized?


 


Do I anticipate to have to approximately wait for another 3-4 months for this auto accident case to be settled and finalized?

Thank you for your follow up.

After the IME appointment is completed, do you know what is the next steps to expect in this stage of the auto accident case?

The case goes on. If the two sides cannot come to an agreement, there will be a trial eventually. The next stage would be trial.

Approximately how long does it take to finally reach a settlement offer for this case to be finalized?

This varies widely case by case, I am afraid. There is no 'normal' time for when two parties can come to an agreement. It may be tomorrow, or it may be on the eve of trial, or never.

Do I anticipate to have to approximately wait for another 3-4 months for this auto accident case to be settled and finalized?

See above. Unfortunately - and although I'd love to give you an estimate - it is impossible to tell because it is essentially two sides negotiating and each negotiation is unique...
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Customer: replied 4 years ago.


If the other party(defendant)wants to go to trial, doesn't he have to pay more fees and expenses for his attorney when in fact it is his fault of the auto accident?


 


I do not think it favors the other party to go to trial because he ends up with a costly expenses for paying for the laywer to fight in trial in a long battle.

Us. Each party pays their own expenses. This includes attorney fees. The possibility of having to pay more costs may deter the defendant from trial and compel them to settlement, but not necessarily. They may feel that they may win at trial, and if so, mat end up paying less for attorney fees than they would at settlement. So it is risk on their part. Or a bluff.
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Customer: replied 4 years ago.

This is the fault of the defendant and even the police accident report indicates it and the defendant even admitted his mistake of hitting the other party from behind. The fact that the defendant did not even have auto insurance at the time when he hit me behind and is over 86 years old of age, it is not beneficial for him to go to trial against me as this is his fault as mentioned above.

Perhaps the defendant is attempting to "stretch out" the ordeal with the specific intent to exaust you from pursuing this and it seems to be working, at least a little as you seem to be getting a little anxious for this to end, which is what they may want so as to talk the matter down to a lesser settlement.

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Customer: replied 4 years ago.

No actually I have been waiting for over 3 years now and I actually don't mind waiting any longer. I have a right to understand and know the time frame of what to expect at this stage of the case. It doesn't mean that I can't wait just because I ask questions of how long it will take?

Of course not. I did not mean to insinuate that you were impatient. I was merely stating that this may be a tactic by the defense to stall the matter for as long as they can to make it inconvenient for you to keep waiting and perhaps encouraging you to settle. This does not mean it will work. I was merely explainig that some parties may try to use this tactic. No insult was meant at all. Anyhow, if there is no settlement, the next phase of the matter would be TRIAL. But I am afraid I cannot predict when this will happen, or, if there is settlement, how soon this will be.

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Customer: replied 4 years ago.


Yes I understand what you mean. My lawyer also told me this is a defense tactics that the other party are using which is why it took over 3 years for them to go and show up to their deposition.


 


No matter what I will wait patiently for my best interest and outcome a my lawyer told me that truth will prevail and my case is moving along and it should be finalized very soon.


 


Thank you for your assistance and have a great weekend.

You as well!
Customer: replied 4 years ago.


Ok, thanks and you do the same.