HOW TO: A Claimants' Medical Examination Guide

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    A Claimants’ Medical Examination Guide

    As part of the evidence a personal injury solicitor uses to strengthen your claim, they may request you get an independent medical report. This information shows the extent of your injury and the likely impact, if any, it will have on your life moving forward. Even if you have received hospital treatment for your injury or seen your GP, a thorough medical report will help substantiate the fundamental cause behind your potential claim:  that you were injured.

    What Happens in an Independent Medical Examination?

    There is nothing to worry about when you see a doctor for your assessment. The process is typically straightforward and takes around an hour. You can also take a friend or relative with you if it makes you feel more comfortable. It includes a discussion and a physical examination.

    The medical professional will first talk to you about your accident and injuries, and find out about how aspects of pain and limited mobility affect you on a day-to-day basis. They will ask about any diagnosis and treatment you have either had or been referred for. At the start of your claim, your lawyer will request permission to access your medical records. They then share this information with the doctor carrying out your assessment. This is so they can see if you have any previous medical issues which may be relevant to your recovery.

    Using the information from your assessment and your medical records, the independent medical professional will then compile a report for your solicitor. This report details how long they expect it will take you to recover, recommended treatment, and future prognosis.

    Why Do I need a Medical Examination?

    As the claimant, it is your responsibility to show that you have been genuinely injured. You also have to show it was because of the other party’s wrongdoing. Any potential compensation you receive depends on you being able to prove both of these things beyond a doubt. A thorough medical report may help do this convincingly.

    If your injuries were particularly complex or severe, a medical report could help your lawyer secure an interim compensation payment. This can help you to access private specialist medical care to assist in a faster recovery. It will also help cover the costs of day-to-day living while you are unable to work.

    Your lawyer will only share the results of your medical report with the other party’s insurance company once you have given your permission.

    What Happens after a Medical for a Compensation Claim?

    Once you have read the medical report and verified you are happy the contents are accurate, it will then be forwarded to the defendant’s solicitor for them to assess and make their offer of compensation. There is no legally defined duration for them to respond. This is unless you are seeking an RTA claim under pre-action protocol. In this case your lawyer will advise you of the set times.

    If you have any more questions about what happens in a personal injury claim medical, or you want to understand more about the process, contact The Compensation Experts today.

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    Am I eligible?

    If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.

    Exceptions to this are for instance industrial disease, or if you were a child at the time of the accident. In this case you may have a longer period to claim.

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    How much could I claim?

    As every injury is different, the amount of compensation paid out can also differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.

    Our dedicated team of experts will give you an indication of how much you could potentially claim for.

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    How does the process work?

    We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.

    Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.

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