K L Sanchez Law Office Explains Defense Medical Exams in New York Injury Claims

K L Sanchez Law Office, P.C. has released information clarifying how injured individuals should approach defense-initiated Independent Medical Examinations (IMEs) in New York. The law firm states that these evaluations, requested by insurers or defense attorneys, are often mandatory in injury claims.

The defense IME is conducted by a physician hired by the opposing insurance company. The purpose is to assess the claimant's injuries, potentially impacting how the insurer values or disputes the claim. The doctor reviews case records, inquires about the injury, and performs a physical examination. Despite the term "independent," the examining physician does not treat the claimant and is not affiliated with claimant's own doctors.

Under New York's no-fault insurance regulations, insurers can require medical examinations to verify a claim. K L Sanchez Law Office stresses that participation in these requested exams is generally a condition for maintaining benefits, as outlined in 11 NYCRR 65-3.5. In personal injury lawsuits, CPLR § 3121 grants the defense the right to compel a physical examination once the plaintiff puts their physical condition at issue.

The firm advises that conclusions from an IME report can be used by insurers to reduce payouts. Such findings might include downplaying injury severity, attributing conditions to pre-existing issues, or deeming further treatment medically unnecessary. K L Sanchez Law Office offers assistance to clients in preparing for these examinations, understanding their rights, and responding to potentially unfavorable reports.