Friday, October 23, 2020

What Is an Insurance Medical Exam (IME)?

In New York personal injury cases, an IME is incorrectly referred to as an “Independent Medical Exam.” There is nothing independent about it! An IME is an Insurance Medical Exam. The insurance company selects the doctor to perform the exam. The insurance company pays the doctor.

These exams are used to deny your claim.

Insurance Medical Exam FAQ

Here are some frequently asked questions.

Can I Refuse to Attend an IME?

A refusal to attend an IME can result in a denial of your no-fault benefits. In fact, this denial can be retroactive to the date of your accident.

Can I reschedule my IME?

You are allowed to reschedule your IME once, and only once.

Why is the insurance company scheduling multiple exams with different types of doctors?

If you are treating with multiple specialties, like an orthopedist or neurologist, the insurance company is entitled to have you examined by a doctor in each specialty. That’s how they deny your no-fault benefits for each specialty.

What should I expect in an IME?

An IME will include a physical examination. While the doctor may ask you questions about your medical history, you should not answer questions relating to the facts of the accident.

Do I need to complete forms at the IME?

We advise our clients NOT to fill out any detailed forms at the IME.  However, you can fill out your name, date of birth and date of accident.

Does a no-fault denial mean I need to stop my treatment?

No. It is important to note that the no-fault denial is limited to the specialty of the examining doctor. For example, only your orthopedic treatment may be denied.  It does not apply to all of your treatment  More importantly, the no-fault denial means the no-fault carrier will not voluntarily pay for future treatment. The no-fault carrier may still end up paying for future treatment. You should discuss your options with your lawyer and treating doctor.

Contact Greenstein & Milbauer, LLP

If you’re scheduled for an IME, the personal injury attorneys at Greenstein & Milbauer, LLP can help. We will help you prepare for the IME. The accident attorneys at Greenstein & Milbauer, LLP will protect your interests at the IME and throughout your entire accident case. Our firm’s motto is “Don’t Be A Victim Twice”.  If you are a victim of an accident, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful.

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Tuesday, October 13, 2020

Time Limits Impacting Your Personal Injury Lawsuit

When you’re hurt in an accident, the clock starts ticking right away. You only have a certain amount of time to file a personal injury claim for your injuries. If you don’t, you could lose your chance at compensation and struggle to recover from your losses.

Because of this, you need to know about the time limits impacting your personal injury lawsuit. If you’re not sure how much time you have left to act, reach out to your personal injury lawyer in New York City about the following time limits and others.

Statute of Limitations

When you’ve suffered a serious injury in New York, you have a general time limit of three years. This time limit applies to most claims, with some exceptions. But typically, you have only three years to file a lawsuit.

If you don’t act quickly, that deadline can hurt you. If you wait to file a personal injury lawsuit after that time limit passes, your claim may be dismissed. That leaves you without compensation for the losses you’ve suffered.

If you let that time limit pass, you may have to pay out of pocket for your suffering. Your personal injury lawyer may be key to avoiding these expenses and getting coverage for your losses in a timely manner.

What if I’m Suing the Government?

In some cases, you may not have been injured by another New York resident or private party. You may have been hurt by someone acting in the scope of their job with a government agency. There are different time limits that apply to cases where you may have been struck by a government vehicle, for example, or if you slipped and fell on government property.

If you plan to sue the government, you may need to move even faster than you would in a typical personal injury claim. You’ll need to file a notice of claim, which states that you intend to sue, within ninety days of the accident. That time limit is easy to miss, but if you don’t file your notice, you could be barred from compensation. You can talk to your lawyer about suing the government within these time limits.

Time Limits for a Child Injury

Suing on behalf of a child can be complex and difficult. Your child isn’t old enough to take an active role in court, but they still need compensation for the suffering they experienced because of their injuries.

As a parent or guardian, you typically have two options. You can act on your child’s personal injury lawsuit as soon as possible, within three years of their accident. Acting now can help you preserve evidence and get them compensated now, not later.

In other cases, your child can wait until they’re eighteen. Their time limits don’t begin until they’re of age, which means you have more time to help them prepare for their lawsuit.

Talk to Your Personal Injury Lawyer in NYC About Your Time Limits

Hurt in a serious accident and worried about acting on time? Failing to meet these deadlines could leave you without the compensation you’re due for your recovery. Luckily, the lawyers at Greenstein & Milbauer, LLP are here to help. Start with a free consultation about your time limits and the details of your claim. Call 1-800-VICTIM2 (842-8462) or complete the online contact form below to learn more.

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Wednesday, October 7, 2020

What to Do if Your Personal Injury Attorney Dies While Your Case Is Pending

You had an accident in New York and you were injured. You hired a New York personal injury attorney. Your case is progressing. Then you find out that your personal injury attorney died.

What about your personal injury case?  What should you do?

What Should I Do if My Lawyer Dies Before My Case Is Over?

If you have a pending New York personal injury case and your personal injury attorney dies in the middle of your case, you should consider hiring a new accident attorney immediately. Your accident case may have important deadlines approaching. You may have pending court appearances. The prosecution of your personal injury claim must continue without delay.

If your lawyer died and you need a new accident attorney to take over your case, the New York City personal injury attorneys at Greenstein & Milbauer, LLP are here to help. We can take over the handling of your case.

Contact Greenstein & Milbauer, LLP

The New York City accident attorneys at Greenstein & Milbauer, LLP are skilled at handling personal injury cases. Our firm’s motto is “Don’t Be A Victim Twice.” If you are a victim of an accident, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful.”

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