As a Florida car crash lawyer, I believe that it is imperative that the injured’s lawyer personally attend the medical examination of their client in order to protect the process and integrity of the procedure.
Because If you are hurt in a Florida car wreck and file a lawsuit, you will almost certainly be subjected to a physical examination by the defendant’s insurance company’s doctor. This is usually referred to as an IME (Independent Medical Examination), although there is usually little or nothing independent about it.
Florida Rules of Civil Procedure Rule 1.360 allows these examinations and details the scope and procedure as to how the examination is to be conducted.
The most frequently over looked consideration is that the rule permits the presence of third parties. This means that whether the examination is physical or psychological, the plaintiff has the right to have his/her attorney attend all phases of the examination. They are some exceptions to this rule that are “case specific”.
