Personal Injury Articles for the Injured of NJ

Can My Doctor Prepare the Expert Report for My Serious Injury?

Posted by Francis M. Smith on Fri, Jun 20, 2014

By Francis M. Smith

During the "discovery" phase of any personal injury lawsuit, it is generally expected that the plaintiff, or claimant, will undergo a medical evaluation by an "independent" medical expert. This report is intended to serve as the basis for the claimant's settlement negotiations with the insurance company, and will be submitted as evidence and that doctor will be an expert witness should the case go all the way to trial. In an ideal world, these medical examinations would be conducted by an honest doctor with no agenda other than accurately determining the severity and scope of the plaintiff's injuries. Unfortunately, when dealing with medical experts hired by insurance companies, this ideal is rarely met, if ever. The insurance industry and their attorneys like to call such an exam an "IME"- independent medical exam- but I call it a "DME"- a defense medical exam, because it is anything but independent.

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Topics: NJ Personal Injury Attorney, Injuries, Motor Vehicle Accidents, Automobile Insurance, Car Accidents, New Jersey motor vehicle accident attorney, Motorcycle Accident, Medical-Legal Exams, Spinal Injuries

Why Your Insurance Company Won't Pay: A Common Problem After a Motor Vehicle Accident

Posted by Francis M. Smith on Wed, Apr 30, 2014

By Francis M. Smith

Too often when a person becomes the victim of a car or motorcycle accident, they find themselves in the position of needing to fight the insurance company in order to get their medical bills paid. Some injuries, such as broken bones resulting from the impact, have a fairly indisputable cause and there is little the insurer can do to argue against paying for them. Unfortunately, many injuries are not so self-evident, and insurance companies hire lawyers who will search for any justification to avoid compensating for the damage sustained as a result of those injuries. In automotive accidents, neck and back injuries are very common, and can have serious, permanent consequences for the collision victim's quality of life. It's important to have an experienced spine injury attorney on your side after you've sustained such an injury in a vehicle crash, to help you win the causation fight against the insurance company and ensure that the treatment you need is paid for.

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Topics: NJ Personal Injury Attorney, Injuries, Motor Vehicle Accidents, Automobile Insurance, Car Accidents, New Jersey motor vehicle accident attorney, Motorcycle Accident, Medical-Legal Exams, Spinal Injuries

Get the Biggest Bang for Your Buck: Use Your Personal Injury Attorney to Your Advantage

Posted by Francis M. Smith on Fri, Jan 31, 2014

By Francis M. Smith

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Topics: Injuries, Motor Vehicle Accidents, New Jersey motor vehicle accident attorney, New Jersey Personal Injury Attorney, Medical-Legal Exams

Who Really Benefits from the Insurance Company Medical Exam? Hint: It’s Not You!

Posted by Francis M. Smith on Mon, Aug 19, 2013

By Francis M. Smith

In a personal injury case (as well as a worker's compensation case), it is common practice for the insurance company to send the injured claimant to a third party doctor to evaluate the extent of the injuries sustained, to determine:

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Topics: Injuries, New Jersey Personal Injury Attorney, Medical-Legal Exams, Independent Medical Exam, Evidence

Insurance Doctor Caught Lying in Medical-Legal Consultation

Posted by Francis M. Smith on Wed, Aug 14, 2013

By Francis M. Smith

A very old proverb states, "He who pays the piper calls the tune." Quite simply, it means that if you're paying for a service, you have the power to dictate how that service is performed. In many situations, this is a perfectly legitimate reflection of the way business should work – but sometimes it can serve to highlight damaging conflicts of interest. One New York judge has determined that the latter is the case for one insurance doctor who performs medical-legal exams for insurance companies, and his decision may be the first step in holding these physicians accountable for the biased and perfunctory attention that plaintiffs examined by them too often receive.

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Topics: Medical-Legal Exams, Independent Medical Exam, Evidence

Insurance Company & Defense Medical Exams: Anything But “Independent”

Posted by Francis M. Smith on Fri, Aug 09, 2013

By Francis M. Smith

When you are pursuing a personal injury suit or other legal claim regarding a disability or injury that you sustained, it is likely that you will be asked by the insurance company to submit to an independent medical examination, or IME, to determine the extent of your injuries. When you hear the words, "independent medical exam," what most likely comes to mind is a thorough examination by a physician or specialist who has no interest in the case and no connection with either the plaintiff or the defendant, and whose sole concern or motivation is to truthfully and accurately establish the medical condition of the patient. That is, unfortunately, an almost absurdly naïve description of medical-legal exams.

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Topics: Injuries, New Jersey Personal Injury Attorney, Medical-Legal Exams, Independent Medical Exam, Evidence

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