Can The Other Side Make Me Take a Medical Exam if I File a Personal Injury Lawsuit?
When you file a personal injury lawsuit, you are alleging that the other side (the defendant) is liable for your injuries from a car accident, slip and fall accident, motorcycle crash, or other type of personal injury accident. You are requesting compensation for your damages and losses such as medical bills, lost wages, property damage, physical pain, mental anguish, and emotional distress. In order to prove your damages, your attorney will present evidence. One key piece of evidence will be your medical records.
However, the defense has the legal right to challenge or verify your physical injuries. The way a defendant does this is through a defense medical exam (DME).
What is a Defense Medical Exam?
A defense medical exam is exactly what the name implies — it is a medical exam by a doctor that the defense chooses. The defendant wants to verify the severity of your injuries as part of the defense of the personal injury lawsuit. California personal injury laws allow the defendant to require the plaintiff to submit to a defense medical exam when the plaintiff is asking for compensation for injuries if two conditions are met.
- The medical exam must be reasonable. The defense cannot force you to submit to intrusive or risky medical procedures.
- The medical exam must take place at a location that is not more than 75 miles from your residence.
In most cases, if the defendant requests a defense medical exam by providing proper notice of the exam and meets the above two conditions, you will be required to submit to the defense medical exam. While this may not be what you want to do, it is part of the process of obtaining compensation through a personal injury lawsuit. As an experienced personal injury attorney, we can help you understand what to expect during a defense medical exam. Our goal is to ensure you are comfortable with the process so that you are not placed under any additional stress from the medical exam.
Hire an Experienced Fresno, CA Personal Injury Attorney
If you have been injured in a motor vehicle accident, slip and fall accident, or other type of personal injury accident, you need an experienced attorney to represent your legal interests. You have the right to be compensated for your damages and losses from an accident caused by the negligent, careless, or reckless acts of another party.
Injured In A Car Accident? Talk To A Lawyer About Your Rights For Free
You should not be required to bear the financial burden caused by an accident that wasn’t your fault, in addition to the physical and emotional pain you have suffered as you recover from your injuries. We will help you receive the compensation you deserve and you are entitled to receive under California’s personal injury laws.
Contact Torem & Associates at (888) 500-5000. You may also chat with a representative online or use our convenient online contact form to schedule a free consultation. We represent accident victims in Fresno, CA and the surrounding Central California Valley area.