If I was in an auto accident 2 years ago and opposing counsel is now requesting me to go to an independent medical exam, can I decline to attend?

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If I was in an auto accident 2 years ago and opposing counsel is now requesting me to go to an independent medical exam, can I decline to attend?

It is very far away. Also, because my condition has improved since the initial accident. It hardly seems fair to be examined now.

Asked on March 29, 2012 under Personal Injury, Ohio

Answers:

Eric Palmer / Palmer Law Firm

Answered 9 years ago | Contributor

This answer depends greatly on the present status of your claim and who the opposing counsel is representing.  If the opposing counsil is representing your No-Fault Benefits provider (usually your own auto insurance company), you likely have a contractual obligation to attend the IME.

If the opposing counsel represents the other party involved in the accident and you have already initiated a lawsuit, will likely be required to attend the appointment based upon the discovery standards set forth in the Minnesota Rules of Civil Procedure. 

If you have already retained an attorney, you should certainly pose this question to them.  I wish you the best moving forward.

Sincerely,


Eric Palmer
Palmer O'Dea LLC
Minnesota Personal Injury Lawyers


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