If you file a personal injury claim in Texas, there’s a chance the insurance company will ask you to attend an independent medical examination (IME). These exams are meant to provide a second opinion about your injuries, but they can also work against you if you’re not careful.
Knowing how IMEs work (and why they’re often not truly “independent”) can help you protect your rights and avoid costly mistakes.
What Is an Independent Medical Examination?
An independent medical examination is a medical evaluation requested by the insurance company, usually after you’ve filed a personal injury claim. The goal is to get a second opinion from a doctor who wasn’t involved in your treatment. The insurer wants to verify your injuries, see if they match your story, and determine whether further treatment is necessary.
You might be required to attend an IME if you’re seeking compensation for things like:
- Ongoing medical treatment
- Permanent disability
- Lost wages from missed work
The insurance company will pick the doctor and pay for the exam. That doctor will review your records, examine you, and prepare a report. That report may then be used to support or challenge your claim.
Why Are IMEs Often Not Actually “Independent”?
Even though the name suggests otherwise, IMEs are rarely neutral. These exams are arranged by the insurance company (rather than your own doctor), and the chosen physician is paid by them.
While many doctors take their role seriously and try to be fair, others may downplay your injuries or suggest you can return to work sooner than you’re ready. That can reduce the value of your claim, or even result in a denial.
That’s why it’s important to treat these exams carefully. An experienced personal injury lawyer can help you prepare in advance and respond if the doctor’s report is inaccurate or misleading.
What Happens During an IME?
During an independent medical examination, the doctor will review your medical history and ask you questions about how the injury happened. They may also perform physical tests to check your range of motion, strength, or pain levels.
You should be honest and consistent in your answers. The doctor will likely be watching your behavior throughout the appointment. If you say you can’t lift your arm, for example, but then lift it to grab your bag, that could hurt your case.
The exam usually doesn’t include any treatment or advice. It’s only for evaluation purposes. After the exam, the doctor will send a report to the insurance company, and they may use that report during settlement negotiations or in court.
Do I Have to Attend an IME?
In many cases, yes. If you refuse to attend, the insurance company might argue that you’re not cooperating, which could delay or harm your claim.
However, you do have rights. You might be able to challenge an exam that seems unnecessary or request limits on what the doctor can do during the exam. Your attorney can help you handle those issues and ensure your rights are respected.
How Can a Personal Injury Lawyer Help With the IME Process?
A personal injury lawyer can guide you through every step of the IME process. That includes, but is not limited to:
- Reviewing the notice and explaining your obligations
- Making sure the exam stays within proper limits
- Preparing you for the types of questions you may face
- Responding to biased or inaccurate findings
- Using your own medical records to dispute unfair claims
Your lawyer can also help ensure the doctor doesn’t exceed the scope of the exam. For instance, if the IME is for a back injury, the doctor shouldn’t be asking unrelated questions or performing tests on other areas of your body.
In some cases, your attorney may also request a second opinion from your own medical expert to counter the IME report.
Will an IME Affect the Value of My Case?
Yes. The IME report can significantly affect your claim, whether or not your case goes to court. If the doctor agrees with your treating physician, it could help confirm the extent of your injuries. However, if the doctor downplays your condition, the insurance company may reduce its offer or deny your claim entirely.
That’s why it’s so important to be prepared. If the insurance company uses the IME to question your credibility or limit your treatment, your attorney needs to be ready with a strong response.
What if I Disagree With the IME Results?
If you believe the independent medical exam report is wrong or unfair, your attorney can challenge it.
This may involve:
- Providing records from your treating doctors
- Pointing out factual errors in the IME report
- Highlighting inconsistencies in the doctor’s conclusions
- Requesting another exam from an independent specialist
Courts and insurance companies don’t automatically trust IME doctors. If your lawyer can show that the IME findings are unreliable, they may not carry as much weight.
Contact Our Fort Worth Personal Injury Lawyers for a Free Consultation
Independent medical examinations are just one part of the personal injury process in Texas, but they can significantly impact your case.
If you’ve been asked to attend an IME, don’t go into it unprepared. A skilled Fort Worth personal injury attorney at Anderson Injury Lawyers can help you understand what to expect and what to do if the exam is used to challenge your claim.
Call (817) 294-1900 or contact us today to get started with a free consultation.