The moment you receive notice of a Compulsory Medical Examination in your personal injury case, it’s natural to feel confused or concerned about how that may affect your ability to recover compensation. This examination, conducted by a doctor you’ve never met, can significantly influence the outcome of your injury claim. These evaluations are typically requested and paid for by insurance companies or defendants who may be incentivized to minimize your injuries and their financial responsibility.
At McPherson & Thomas, P.A., our experienced Florida personal injury attorneys understand how CMEs work and the impact they can have on your case. Our legal team, led by attorneys Ian Thomas and Jack McPherson, has extensive experience preparing clients for these examinations and challenging unfavorable CME reports. With decades of combined experience serving the Suncoast community, we know how to protect your rights throughout the CME process and ensure your claim accurately reflects the true extent of your injuries.
Understanding What a Compulsory Medical Examination Is
A Compulsory Medical Examination, or CME, is a medical evaluation performed by a physician who has not previously treated you. Unlike your treating doctors, who are focused on your recovery, CME physicians are tasked with providing an opinion about specific medical questions related to your personal injury case. In personal injury claims, CMEs are typically requested when the following is true:
- The insurance company questions the nature or extent of your injuries
- There are disputes about whether your injuries were caused by the accident
- The insurance company wants a second opinion about your treatment needs
- There are questions about your prognosis or long-term limitations
In Florida, insurance policies typically include provisions allowing insurers to request CMEs. If you’re pursuing a personal injury claim or receiving benefits like Personal Injury Protection (PIP), workers’ compensation, or disability benefits, you may be contractually obligated to attend an CME. Refusing to participate could jeopardize your claim or benefits. If you are unsure about whether you should be doing an CME, contact our trusted personal injury lawyers today.
How Compulsory Medical Examinations Can Affect Your Personal Injury Claim
The findings of a Compulsory Medical Examination can influence your claim in several important ways. This can include any of the following:
Treatment Authorization and Coverage
Insurance companies often use CME reports to make decisions about authorizing continued medical treatment. If a CME physician concludes that certain treatments are unnecessary or that you’ve reached maximum medical improvement, the insurer may deny coverage for further care.
This can be particularly problematic if your treating physicians believe you need ongoing treatment. When faced with contradictory medical opinions, having experienced legal representation becomes essential to advocate for the care you truly need.
Settlement Valuation
Insurance adjusters rely heavily on CME reports when calculating settlement offers. An unfavorable report suggesting your injuries are less severe than claimed, were pre-existing, or are not related to the accident can dramatically reduce the compensation offered.
Conversely, if an CME confirms the severity of your injuries and their connection to the accident, it may strengthen your negotiating position and lead to a more favorable settlement. Our attorneys understand how to effectively use positive CME findings while challenging biased or inaccurate conclusions to ensure you achieve the best possible outcome for your case.
Trial Evidence
If your case proceeds to trial, CME reports become crucial evidence. The CME physician may testify about their findings, presenting their opinions directly to the judge or jury. Their status as a compulsory medical expert can carry significant weight, particularly if they have impressive credentials.
Our legal team works with skilled medical experts who can provide counterbalancing testimony when CME conclusions are incorrect or biased. We also prepare thorough cross-examinations to expose any weaknesses in the CME physician’s methodology or conclusions.
Contact Our Florida Personal Injury Lawyers Today
If you’re facing a Compulsory Medical Examination as part of your personal injury claim, having knowledgeable legal representation can make a significant difference in the outcome. At McPherson & Thomas, P.A., our dedicated legal team understands the nuances of the CME process and how to protect your interests at every stage.With decades of combined legal experience and a proven track record of success in personal injury cases throughout Florida, we have the knowledge and resources to guide you through this challenging aspect of your claim. Our compassionate approach focuses on understanding your unique circumstances while aggressively pursuing the compensation you need to recover from your injuries. Contact us today at (727) 848-8892 or through our contact form to schedule a free, no-obligation consultation to discuss your legal options.
