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What Is a Compulsory Medical Exam and How Does it Impact Your Case?

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When navigating the aftermath of an accident and pursuing a personal injury claim, you may encounter a compulsory medical examination (CME). This examination is often requested by an insurance company or the defense in a lawsuit to verify the extent of your injuries and treatment. A CME can seem daunting, especially during a time when you’re focused on recovery. Understanding what it entails and its implications on your case is crucial for any claimant.

At McPherson & Thomas, we understand the stress and confusion that can arise from dealing with insurance companies and legal procedures. Our approach is centered on providing personal and attentive service, ensuring you’re not just another case number. The role of a CME in your case is significant, and we’re here to guide you through the process, offering clarity and support every step of the way.

Understanding the Compulsory Medical Exam

A compulsory medical exam is an assessment conducted by a doctor who is not your chosen medical provider. Typically, this doctor is selected by the insurance company or the defendant’s legal team in a personal injury case. The purpose of this exam is not for your benefit but to provide an independent evaluation of your injuries, the treatment you have received, and any future medical needs you may have as a result of the accident. It’s important to understand that while the exam is termed “independent,” the physician is paid by the insurer or defendant, which can influence the neutrality of the report.

The findings from a CME can significantly influence the direction and outcome of your personal injury case. Insurance companies often use the results to challenge the severity of your injuries, the necessity of certain treatments, or the link between the accident and your injuries. It’s crucial to approach these exams with caution, understanding that the examiner is not there to advocate for your health but to scrutinize your claims from a legal standpoint.

Preparing for a CME involves knowing your rights and understanding the process. You are entitled to have a representative or attorney present during the examination to ensure fair treatment and to object to any inappropriate questions or procedures. It’s also advisable to be familiar with your medical history and treatment to date, as accuracy in your responses during the exam is essential. Misrepresenting your condition or history can adversely affect your case.

How a CME Affects Your Personal Injury Case

The outcome of a compulsory medical examination can have a profound impact on your personal injury claim. A report favoring the insurance company’s position might lead to a lower settlement offer or challenge the legitimacy of your claim. Conversely, if the examination finds in line with your own medical providers’ assessments, it can strengthen your position. It’s a pivotal point in your case, underscoring the importance of being prepared and well-represented.

Insurance companies may use the CME report to argue that your injuries are less severe than claimed or that they pre-existed the incident. This can complicate negotiations and may result in extended legal battles to prove the extent of your injuries and the associated costs. Having a knowledgeable attorney who can challenge the CME’s findings and present counter-evidence is crucial in these situations.

In addition to legal representation, comprehensively documenting your injuries and treatments can help mitigate the impact of a CME report that’s unfavorable to your case. This includes keeping detailed records of medical visits, treatments, medications, and any other expenses related to your injury. A well-documented case can provide a strong foundation for contesting any disputes that arise from the compulsory medical examination.

Why Choosing McPherson & Thomas Can Make a Difference in Your Case

At McPherson & Thomas, we believe in the power of personalized legal representation. We understand the challenges and uncertainties you face following an accident, especially when dealing with compulsory medical examinations and their potential impact on your case. Our team is committed to standing by your side, offering the expertise and support you need to navigate these complexities. Choosing to work with McPherson & Thomas means partnering with a firm that values personal service over volume. We take the time to understand your case, ensuring that you’re prepared for every step, including a CME. 

With our focus on individual attention and our commitment to securing the best possible outcome for our clients, you can trust that your case is in capable hands. If you’re facing a personal injury claim and are concerned about the implications of a compulsory medical exam, we’re here to help. Contact us today at (727) 848-8892 or visit our contact form for a free consultation. Let McPherson & Thomas guide you through your legal journey with the dedication and expertise your case deserves.

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