Compulsory Examination

If you’ve been reading our blog or watching our podcast series you know that Derek Reams, Board Certified Trial Attorney with Q Auto & Injury Attorneys knows the litigation process. To help you understand what can happen with your case better and help protect your rights here is another of Attorney Reams’ description of the journey through personal injury law litigation.

As your case proceeds through the litigation process you’ll continue seeing your doctors for treatment and evaluation of your injuries as necessary. But, believe it or not, the Florida Rules of Civil Procedure allow the insurance company to send you to one of their doctors as well. Often times, people question why the insurance company gets to send you to a doctor. Basically it gives your insurance company the opportunity for a full evaluation of your case as the case is being prepared for trial.
Prior to this physical examination, you’ll talk with one of your attorneys here at Q Auto & Injury Attorneys. We will give you a questionnaire that you will take with you to the examination. The insurance company’s doctor will examine you from head to toe and reach an opinion as to what injury or injuries were caused by the motor vehicle accident, slip and fall or other type of accident that you’ve been involved in. It’s very important for you to cooperate with the doctors’ questions and during the physical examination. We will actually have a videographer there videotaping this entire process so that your rights are fully protected and to document everything that the doctor does or does not do during the examination process.
As you can imagine, these doctors are specifically chosen by the insurance company and routinely reach opinions that your injuries were either; caused by the accident but only lasted a short period of time, (such as three or four months); your injuries were pre existing to the accident and the accident didn’t cause any new injuries; or that you did not sustain injuries at all. The real purpose of this examination by the insurance company is so they can present a doctor of their choosing to the jury. The jury can then have information that is different from what your treating doctors might provide, most likely to favor a lower return on your claim for compensation from the insurance company.
As your attorneys we want to protect your rights and get you the settlement you deserve. Our position on the insurance company’s doctor is simple. We believe that the doctors who treated you ever since the accident occurred are the ones that are in the best position to fully evaluate your injuries month after month and can render the clearest and most concise medical opinion as to whether your injuries were caused by the accident and most importantly whether you suffered permanent injury as result of the accident.
Here at Q Auto & Injury Attorneys, we take cases to trial and the insurance companies know that. That fact helps us to the best work for you in motor vehicle crashes, medical malpractice, pedestrian/bicycle crashes, dog bite cases, all types of cases in which you may sustain an injury. If you believe you have a personal injury case, call us. We can help.
Our toll free number is 800-332-1992 or email us at info@qlaw.com. Check out our latest podcasts on iTunes or YouTube for free.

Leave a Reply