Independent medical examination IME challenge lawyer

The examination is called independent. It is arranged by the party defending your claim, paid for by them, and conducted by a physician they selected. Understanding that is not cynicism — it is the basis for approaching the appointment correctly, because how you conduct yourself there materially affects the report that follows. Law Offices Of SRIS, P.C. handles injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the examination actually is

A single assessment, usually brief, by a physician who has not treated you and will not treat you, conducted for the purpose of producing a report for the party that retained them. It typically involves a history, an examination, and a review of records supplied by the retaining party — which may be a selected subset rather than the complete file. The examiner has no treatment relationship with you and no obligation to advise you about your health.

Where the report is vulnerable

On several recurring grounds. The duration of the examination, which is frequently far shorter than the report implies. Whether the complete records were reviewed or only a selection. Whether the examiner practices in the relevant specialty. The examiner’s history of performing such examinations and for which side, which is a legitimate area of inquiry in most jurisdictions. And internal inconsistency between the findings recorded and the conclusions drawn from them.

How to approach the appointment

Attend, be punctual and cooperate fully. Give an accurate history including prior injuries and treatment, because inconsistency with your records is the most damaging thing that can emerge. Describe your limitations honestly, including the days that are better — overstating is detected and does more harm than the underlying injury ever would. Do not exaggerate on testing; give genuine effort. Note the time you arrive, the time the physician enters and leaves, and what was actually examined.

What the report typically concludes

That you have reached maximum improvement. That treatment beyond a certain date was unnecessary. That your findings are degenerative rather than traumatic. That your complaints are subjective and unsupported. That any restriction is self-reported. These conclusions are predictable, which is why the treating physicians’ opinions and objective findings recorded over time matter more than any single examination.

After the examination

Write down what happened while it is fresh — arrival and departure times, how long the physician was present, what was and was not examined, what you were asked. Obtain the report and compare it against that account and against your records. Provide it to your treating physicians for comment, because a treating opinion based on a course of care generally carries more weight than a single examination conducted for litigation.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

Is the examination really independent?

It is arranged and paid for by the party defending your claim and conducted by a physician they selected, for the purpose of producing a report for them. That does not make the examiner dishonest, but it does mean the examination is not neutral in the way the name suggests.

Do I have to attend?

Generally yes, where the examination is properly requested under the applicable rules or your policy. Refusing without a proper basis can have consequences for your claim. Any genuine objection should be raised through the appropriate process rather than by simply not attending.

Can someone come with me?

Rules on observers and recording vary by jurisdiction and sometimes by court order. Where it is permitted it can be valuable, because it produces an independent account of what occurred. It should be established in advance rather than raised at the door.

What should I do during the examination?

Cooperate fully, give an accurate history including prior injuries, describe your limitations honestly including your better days, and give genuine effort on any testing. Overstating is detected and damages a genuine claim far more than the underlying injury ever could.

Should I write down what happened?

Yes, immediately afterward. Record your arrival time, when the physician entered and left, how long the examination actually took, what was examined and what you were asked. Reports frequently describe examinations more extensive than the time available would allow, and your contemporaneous note is what shows that.

How is the report challenged?

Through its own weaknesses: the brevity of the examination, whether complete records were reviewed or only a selection, whether the examiner practices in the relevant specialty, their history of performing such examinations, and inconsistency between the findings recorded and the conclusions drawn.

Does my own doctor’s opinion count for more?

Generally a treating physician who has managed your care over time is in a stronger position than an examiner who saw you once for the purpose of a report. That is not automatic, but it is why the treating opinions and the objective findings recorded over time are the foundation.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and discovery rules and to shorter notice requirements where a government entity is involved. Confirm the deadline on your own facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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