Independent Medical Examination

My state: California. I was injured in an auto accident in 2001. I suffered 3 fractured transverse processors and muscle/ligament damage due to defendant running her stop sign at 45 miles per hour. My car was totalled. I have been on meds and under the treatment of a physician since that time. The controversy in this case (which we are trying to settle) is the fact that the fractures (non-union, by the way) are on the left (the side from which I was hit) but the majority of my pain is on the low right side.

Defense wants to prove that the non-union fractures are insignifigant to my injury (less damages to pay). They are not but the right side pain has always been far more significant.

I went to the independent medical examination. My attorney did not attend and furthermore spent only 10 minutes preparing me for the examination. No court reporter was present. The examiner did little prodding on the left and poked and jabbed me on the right causing me much pain. He was a shark and I was eaten alive. I had no idea that anyone was capable of this behavior or could be so money hungry that they would need to cause me further physicial pain to prove that the fractures mean little or nothing in my case.

My lawyer barked at me for allowing this, however, I had NO idea as to what was appropriate. The shark told me that he didn't care of about the legal ramifications and that he only wanted to help me. My mind is innocent -- he was an aged old man and I believed him. My lawyer spoke to me as if I had "blown" my case. I say that sending me to an IME ALONE is no different than sending me alone to a deposition. Please help.

[I AM ALWAYS LIABLE]

Originally posted by lisajade
My state: California. I was injured in an auto accident in 2001. I suffered 3 fractured transverse processors and muscle/ligament damage due to defendant running her stop sign at 45 miles per hour. My car was totalled. I have been on meds and under the treatment of a physician since that time. The controversy in this case (which we are trying to settle) is the fact that the fractures (non-union, by the way) are on the left (the side from which I was hit) but the majority of my pain is on the low right side.

Defense wants to prove that the non-union fractures are insignifigant to my injury (less damages to pay). They are not but the right side pain has always been far more significant.

I went to the independent medical examination. My attorney did not attend and furthermore spent only 10 minutes preparing me for the examination. No court reporter was present. The examiner did little prodding on the left and poked and jabbed me on the right causing me much pain. He was a shark and I was eaten alive. I had no idea that anyone was capable of this behavior or could be so money hungry that they would need to cause me further physicial pain to prove that the fractures mean little or nothing in my case.

My lawyer barked at me for allowing this, however, I had NO idea as to what was appropriate. The shark told me that he didn't care of about the legal ramifications and that he only wanted to help me. My mind is innocent -- he was an aged old man and I believed him. My lawyer spoke to me as if I had "blown" my case. I say that sending me to an IME ALONE is no different than sending me alone to a deposition. Please help.

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My response:

"Please help" what? What would you like?

IAAL

Should my case have been made shakey by the IME do I have the legal right to blame my lawyer for not accompanying me, hiring a court reporter, or properly preparing me for such an event?

[I AM ALWAYS LIABLE]

Originally posted by lisajade
Should my case have been made shakey by the IME do I have the legal right to blame my lawyer for not accompanying me, hiring a court reporter, or properly preparing me for such an event?

My response:

Your lawyer should have had SOMEONE accompany you to the IME with a tape recorder, and taking notes.

However, if you were my client, you would have never have gone to an IME. I would have objected to the Notice. So, not only is your lawyer doing you a disservice, he's also lazy and worthless.

IAAL

[stephenk]

IAAL, my friend, how do keep your clients from going to IMEs completely? I can see trying to limit the scope of the exam, but not going at all?

[I AM ALWAYS LIABLE]

Originally posted by stephenk
IAAL, my friend, how do keep your clients from going to IMEs completely? I can see trying to limit the scope of the exam, but not going at all?

My response:

Oh, my dear Stephen. If I gave you my secrets for free, then how would you, a defense attorney, ever expect me to win in Law & Motion against you? The way you learn about what I do is in my Motion, and in my Reply to your Opposition. That's when you pay me for that precious information by being ordered to pay me sanctions.

I will let you know this. You only get one bite of the apple with a Notice of IME. If it's defective, and I win at Law & Motion, that's it for you. You don't get a second chance. Believe me, I know every single case that addresses IME's and I use them like a bludgeon against defense counsel.

Very rarely do any of my clients ever see a paid whore.

IAAL