If you’ve been injured on someone else’s property in Central Florida, and in the throes of a premises liability lawsuit, you may be wondering how likely is it to win a premises liability lawsuit after an IME examination. At Frank Eidson, P.A., we understand the anxiety of these evaluations and are committed to clarifying this aspect of your legal journey.

The Role of IMEs in Premises Liability Claims

Insurance companies often use Independent Medical Examinations (IMEs) to assess the extent of your injuries and to potentially challenge the validity of your claim. While these examinations are intended to be objective, they can have a substantial impact on the strength of your claim and the perception of your injuries, potentially altering your case’s outcome.

How’s An IME Examination Called For & What to Expect?

  • Notification. You’ll receive notice from the insurance company requesting an IME.
  • Examination. A doctor will assess your injuries through physical examinations and questions about your medical history.
  • Report. The doctor will prepare a report that could be used against you in negotiations or court.

How Likely Is It to Win a Premises Liability Lawsuit After an IME Examination?

Premises liability cases present the distinct challenge of requiring the victim to demonstrate that the property owner’s negligence directly caused their injury. This burden of proof can be difficult to meet, and understanding how likely it is to win a premises liability lawsuit after an IME examination can help set realistic expectations.

5 Factors That Can Impact Your Premise Liability Lawsuit’s Success

When dealing with the results of an IME exam, understanding how certain factors affect your claim is key to winning a premises liability lawsuit after an IME.

  1. Negligence. You must prove that the property owner failed to maintain a safe environment. This involves demonstrating that they had a duty of care and breached it.
  2. Causation. Establishing a direct link between the property owner’s negligence and your injuries is essential. The IME findings provide an objective assessment of your injuries, establishing whether they’re consistent with the circumstances surrounding the incident. If the IME examination report aligns with your treating physician’s conclusions about how the injury occurred, it strengthens your argument, and if it’s the opposite, it weakens it.
  3. Evidence Grade. Your premises liability claim hinges on building a supportive foundation through medical evidence and documentation. If you can demonstrate the impact of the incident and the resulting injuries, clearly and with compelling papers, your chances of success increase.
  4. Legal Representation. Having an experienced personal injury attorney by your side can be invaluable in guiding you through the legal process, building a strong case, and advocating for your best interests.
  5. Type of Injury. Where you were injured and how severe it is has a direct impact on the compensation you get if you win your lawsuit. A severe injury will warrant higher compensation amounts to cover medical expenses, lost wages, pain and suffering, and other related damages.

How Can I Bolster My Claim After An IME Exam?

If you’re worried that your IME exam is going to be unfavorable to you, we recommend that you maintain consistent medical treatment and detailed records on how your injury directly impacts your daily life. Make sure to be honest in all communications about your injury to the healthcare professional, and then work closely with an attorney to address any concerns in the report given to you. It’s advisable to hire a personal injury attorney sooner rather than later, so you can be prepared for any challenges that might surface after your IME.

FAQs About Winning A Premise Liability Lawsuit After an IME

1. What if I disagree with the IME findings?

  • While you cannot formally appeal an IME result, you can challenge its findings by seeking a second opinion or presenting further medical documentation or expert testimony to support your claim.

2. What If my injuries worsen after the IME?

  • Seek medical treatment immediately and document any changes. Inform your attorney so they can update your case with this new information.

3. What should I do if I feel pressured during an IME exam?

  • Remain calm and truthful in your responses.

Strengthen Your Case With The Right Personal Injury Lawyer

Don’t let concerns about an IME deter you from seeking compensation. At Frank Eidson, P.A., we bring over three decades of experience in personal injury law and premises liability and are here to guide you through every step of your lawsuit. Call us at 407-245-2887 for a free case review—your path to fair compensation starts here.