Medical examinations play an important role in California injury cases, whether they relate to personal injury or workers' compensation. An evaluation can provide valuable evidence and insights into a person's health condition and injuries. These examinations can be complicated and involve various kinds of assessments that are tailored to the specific legal case at hand. As an accident victim, it’s important to understand how they can affect your rights and perhaps even the outcome of your case.
If you have suffered injuries in an accident, it’s critical that you take the time to speak with an experienced Los Angeles injury lawyer as soon as you can. An attorney will protect your rights and make sure that the insurance company does not take advantage of you. Call us today to schedule a free case evaluation with a lawyer.
Medical Examinations in Personal Injury and Workers' Compensation Cases
When it comes to personal injury and workers' compensation cases in California, medical examinations are often necessary to assess the extent of injuries, determine the long-term prognosis, and establish a causal link between the injuries and the incident in question. These examinations are conducted by qualified medical professionals who evaluate the physical condition and medical history of the injured party.
Qualified Medical Evaluators (QME)
In California, Qualified Medical Evaluators (QMEs) are medical professionals who have been certified by the Division of Workers' Compensation Medical Unit to conduct medical examinations for workers' compensation cases. QMEs are to be impartial and independent from both the injured party and the insurance company, but unfortunately not always the case.
QMEs are chosen from a panel of physicians, and their role is to assess the injury, determine its severity, and evaluate the need for ongoing treatment or disability benefits. These examinations are crucial in determining the injured worker's eligibility for compensation and the appropriate level of benefits.
Agreed Medical Evaluations (AME)
Agreed Medical Evaluations (AMEs) are like QMEs, except they are agreed upon by parties from both sides. AMEs like QME’s are conducted when there is a disagreement between the injured party and the insurance company regarding the extent of the injuries, the need for ongoing treatment, or the eligibility for compensation.
The AME will assess the injured party's medical condition, review medical records, and provide an expert opinion on the extent of the injuries and their impact on the individual's life.
Independent Medical Evaluations (IME) or Defense Medical Evaluation (DME)
Independent Medical Evaluations (IMEs), or sometimes known as Defense Medical Evaluations are similar to QME’s except these are used in Personal Injury Litigation rather than in Workers Compensation.. These evaluations are requested by either the insurance company or the defendant in a personal injury case to assess the validity of the injuries or the need for ongoing treatment.
IMEs are often perceived as biased, as they are typically chosen and paid for by the party opposing the injured individual – and that perception may be correct. For this reason, you should always speak to an attorney before agreeing to an IME.
Why You Need a Los Angeles Injury Lawyer Before Your Medical Examination
When you've suffered an injury in an accident in Los Angeles, seeking medical attention is necessary. That said, you should talk to a lawyer before undergoing any medical examinations. Here's why having legal representation beforehand can significantly impact your case:
Understanding Examination Types
Various medical evaluations exist in California injury cases, including Qualified Medical Evaluations (QMEs), Agreed Medical Evaluations (AMEs), Independent Medical Evaluations (IMEs), and Defense Medical Evaluations (DMEs). A knowledgeable attorney can explain these differences and help you prepare accordingly.
Protecting Your Rights
Insurance companies often use medical examinations to minimize payouts. A lawyer can ensure that your rights are protected throughout the process and that the examination is conducted fairly.
Avoiding Potential Pitfalls
Some evaluations, like IMEs, may be perceived as biased since they're typically chosen and paid for by the opposing party. Your attorney can advise you on how to approach these examinations and what to be cautious about.
Ensuring Proper Documentation
Los Angeles injury lawyer understands what medical evidence is crucial for building a strong case. They can guide you in obtaining the necessary documentation and tests to support your claim.
Maximizing Compensation
By understanding the long-term implications of your injuries, your attorney can help ensure that all future medical costs and lost wages are accurately calculated and included in your claim.
Handling Complex Cases
Some injuries, such as those resulting from car accidents, may require specialized evaluations like DMEs. An experienced lawyer can navigate these complexities and coordinate with the appropriate medical professionals.
Preventing Premature Settlements
Insurance adjusters may pressure you to settle quickly before the full extent of your injuries is known. Your attorney will advise you to wait until you've reached maximum medical improvement.
Dealing with Disagreements
In cases where there's a dispute about the extent of your injuries or necessary treatment, your lawyer can help arrange for an AME to provide an impartial assessment.
Call a Los Angeles Personal Injury Attorney Today
Medical examinations are a critical component of California legal cases involving personal injury and workers' compensation. Understanding the different types of examinations and their roles can help injured victims navigate the complex legal landscape.
Whether you require a Qualified Medical Evaluator (QME), an Agreed Medical Evaluation (AME), an Independent Medical Evaluation (IME), or a Defense Medical Evaluation (DME), seeking the expertise of a Los Angeles personal injury attorney is essential. Arshakyan Law Firm has a proven track record of recovering millions of dollars for injured victims. Call Arshakyan Law Firm at 888-851-5005 or contact us online to ensure the best possible outcome for your case.