does the defendent in a case have a ight to have the injured seen by a docter of the opposite party

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does the defendent in a case have a ight to have the injured seen by a docter of the opposite party

to settle an argument at work i say a person claiming ijury needs to see the oposite docter to settle a claim. the other person says you only need to see their docter

Asked on April 17, 2009 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You're both right. If the other side's insurance company determines that its insured is probably liable, and it knows there was a serious injury resulting from the accident (such as if the victim went to the hospital for a week and lost an arm) so it can anticipate paying out at least $X and the victim is willing to settle in a hurry for what the company anticipates will be 1/10th of X,  sure they will settle it for pennies on the dollar without having their doctor examine the victim.

That's why it makes sense to consult a lawyer who will look out for YOUR interests before starting to discuss settlement (or anything for that matter) with the other side's adjuster or lawyers.

If there is any question about the cause of the claimed injury, or the seriousness of the injury, or the duration of the expected disability or loss of function,  the company will want to make its own assessment of the medical consequences and duration.


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