Important facts about defense medical examinations
Personal injury has become a common phenomenon in modern society. There is no single day that goes by without a person being involved in a road accident, work-related accident, or malpractice. When individuals encounter accidents due to the negligence of a third party, they often go to court to seek relief in the form of compensation. It is the duty of a court of law to determine which party of a civil matter is in the wrong. If the court determines that a third party is in the wrong, they usually compensate the injured party. If the third party has an insurance cover, the insurance company will be liable to pay for the damage caused by their client.
Insurance companies employ professionals who take care of liability issues on a daily basis. In essence, such officials have got vast knowledge and experience in matters liability and insurance. These firms have company advocates who go to court on a daily basis to defend the position of the insurance firm on behalf of the parties that the firm has insured. The truth of the matter is, the insurance firms will always look for legal ways to avoid paying compensation or to reduce the compensation award even if their client was negligent in the matter at hand. This serves as a polite warning to the victims of personal injury not to be too trusting when dealing with insurance officials who are investigating their matter. Accident victims are laypersons and may not understand the intricacies of the law. To be on the safe side such persons should hire their own advocate to guide them through the claim process.
If an individual claims that they suffered a bodily or psychological injury due to the negligence of a third party, they have to get an expert opinion to verify their claim. This means that they have to get a medical examination which will be presented in court. Since a civil case has two sides which are both trying to prove the case in their favor, the law allows the defense side to carry out an independent medical examination on an injured victim. What the injured person needs to understand is that the defense side intends to use this medical examination to dispute the victim’s claims that the third party was negligent and hence liable. It is wise for such a person to have some important tips before undergoing such an examination.
First and foremost the injured person should understand that they are not supposed to lie in such an examination. However, since this exam is being carried out by an opposing party, they should be careful not to work against themselves. The person undergoing a defense medical examination should first have a sit down with their advocate to have some important insight on how to conduct themselves. Some of the tips that they are bound to get will include not to volunteer information. The patient should not volunteer extra information to the person conducting the examination. However, they are expected to answer the questions of the examiner directly and precisely. If they have prior medical conditions they should present documents and be honest about their condition. Importantly, such patients should explain to the examiner how the accident has affected them. Further, the patient should that their advocate goes through any documents that they have been asked to sign.