Defendant’s Physical Examination: Frequently Asked Questions

What is a Defendant’s Physical Exam?

When you start a personal injury lawsuit you put aspects of your physical and mental condition into controversy. Therefore, the defendant’s attorney are entitled to have you examined by their doctor. This is called a Defendant’s Physical Exam.

Am I required to appear for a Defendant’s Physical Examination?

Yes. If you fail to appear you may be precluded from proving your injuries &/or your case could be dismissed.

Will someone be with me at the Defendant’s Physical Examination?

Greenstein & Milbauer LLP will have a representative attend the exam with you. If you require a translator, one will be provided. Family members are not allowed into the examination room with you.

When does the Defendant’s Physical Exam take place?

The Defendant’s Physical Exam usually takes place within 30 -60 days after your deposition.

How do I prepare for the Defendant’s Physical Exam?

On the day before the exam, it’s very important that you call our office to confirm your availability. We will then confirm your appointment with the doctor’s office. Once confirmed, we will discuss transportation and time to arrive.

What do I do on the day of the Defendant’s Physical Exam?

Dress comfortably. Bring photo identification with you. You do not need to bring medical records with you.

What happens at the Defendant’s Physical Exam?

• You may be asked to file out a questionnaire. DO NOT FILL OUT ANY PAPERWORK.
• You will be asked to enter the examination room. Be aware that the doctor will observe how you walk into the exam room as well as any difficulty you have in getting on and off the examination table.
• The doctor will ask you a series of questions about your medical history and your injuries.
• The doctor will ask you to rate any pain you are experiencing.
• The doctor will then perform a series of tests to evaluate any physical limitation of the body parts you are claiming were injured.
• Do not talk about how the accident happened.

Don’t Be a Victim Twice

If you’re scheduled for a Defendant’s Physical Exam, the personal injury attorneys at Greenstein & Milbauer, LLP can help. We will help you prepare for the Defendant’s Physical Exam. The accident attorneys at Greenstein & Milbauer, LLP will protect your interests at the Defendant’s Physical Exam 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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How to Sue for a Broken Bone

A serious injury like a broken bone can be difficult to recover from. You may have suffered for weeks or months because of your injury, and the at-fault party hasn’t paid for the injuries they’re responsible for.

Worried about your recovery? Your NYC personal injury lawyer can show you how to sue for a broken bone. Here are a few steps you may need to take to file a lawsuit for your injury.

Identify the At-Fault Party

Before you take your broken bone claim to court, you need to know who’s responsible for your injuries. The answer can be complicated, depending on the details of your accident.

You may have been injured by a careless driver, for example, who’s responsible for their own actions. But if you’re hurt in a slip-and-fall accident, you may need to sue the property owner, not a cashier or other store employee. Your lawyer can help you identify who’s responsible for your financial recovery.

Calculate Your Damages

Your broken bone can be costly, but how much is your injury worth? If you’re not sure, it’s easy to accept less compensation than you’re due. Your compensation should include both your economic and non-economic damages, or the losses you suffered because of the injury. You can get the guidance you need to fairly calculate your damages from an attorney.

Know New York Injury Laws

But suing for a broken bone isn’t always simple. You also need to pay attention to state laws that can impact your lawsuit. For example, New Yorkers only have three years to file a lawsuit, or their claim may be dismissed without being heard.

You can also lose part of your compensation if you’re found partly at fault for the injury. For example, if you’re found 30 percent at fault for the injury, you may only receive 70 percent of your compensation. You may need help preventing these laws from impacting your claim in negative ways.

Get Representation in the Courtroom

When you’ve suffered a serious injury like a bone fracture, it can be difficult to focus on anything else. You may have trouble preparing any of the above information. Even preparing your paperwork can be difficult without help.

That’s where a broken bone lawyer can help. They have the experience you need on your side. Even better, they can handle the details of your claim and represent you in court. That limits the amount of time you need to think about your claim and maximizes your time focused on your health.

Talk to a Broken Bone Lawyer About Your Lawsuit

When you’re seriously injured, you may need help getting compensated fairly. You may not know how to sue for a broken bone, or you may be overwhelmed by the serious injury you’ve suffered. You may need a lawyer, like the ones at Greenstein & Milbauer, LLP, to step in.

Our lawyers are here to help. Take advantage of a free consultation by calling 1-800-VICTIM2 (842-8462) or filling out the online contact form below to learn more about how we can make your claim a success.

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Long-Term Effects of a Traumatic Brain Injury

A traumatic brain injury is more than just a bump on the head. These injuries can lead to long-term damage that impacts every aspect of your life. You may be suffering for months, years, or a lifetime after a traumatic brain injury. 

But what long-term effects of a traumatic brain injury can you expect? Knowing these effects can help you determine what losses you’ve suffered and what your potential personal injury claim is worth following the incident. Take a look at the impacts below and talk to your NYC lawyer about your options for recovery. 

Cognitive Impairment

The brain is the control center of the body, which means any damage to the brain can disrupt those signals. If you’ve suffered a brain injury, you may notice cognitive changes or worse. 

For example, you may have difficulty focusing or remembering things. Even things you once knew like the back of your hand. You may also suffer the loss of some senses, for example, your hearing, vision, or sense of smell. A brain injury may even cause people to lose the ability to speak.

Financial Impacts

Because the brain is so delicate and complex, a traumatic brain injury will quickly become very expensive during the course of treatment. Even a trip to the hospital for a mild concussion will lead to costly and extensive tests ordered by your physician.

If you suffered a severe brain injury, you may require brain surgery, rehabilitation, and accommodations for your needs following the injury. For example, you may have difficulty taking care of yourself at home, and you may need your home to be outfitted with handrails, ramps, and other resources. 

Luckily, you may be due compensation for the economic losses you suffered because of your brain injury. A trusted NYC brain injury lawyer will help you calculate all the losses you’ve suffered and pursue eligible forms of compensation. 

Pain and Suffering 

But the suffering caused by your brain injury doesn’t stop with the financial costs of your recovery and lost wages. A brain injury is a traumatizing experience, and it can impact your emotional and mental health as well as physical. You may no longer be able to enjoy things you once loved, like sports or certain hobbies, because of your injuries. 

These losses are intangible but are still a valid form of loss that should be included in your personal injury claim. If you’ve suffered from a serious brain injury, you may need legal guidance to calculate your intangible losses, as well as, current and future financial losses so you know exactly how much compensation to pursue. 

Get Compensated for Your Brain Injury 

When you’ve suffered a traumatic brain injury in NYC, you may have trouble recovering from the devastating experience. You’re hurt, your mental health has suffered, and the bills are still piling up. You need compensation to help you deal with the long-term effects of your injury. 

Luckily, the expert legal staff at Greenstein & Milbauer, LLP will work diligently in pursuit of your rightful compensation so you may focus on your recovery. Call now for free consultations to those seeking legal representation. Reach us by phone at 1-800-VICTIM2 (842-8462) or by completing the online contact form below. 

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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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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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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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What Is Sexual Grooming?

Sexual grooming is a carefully planned and gradual process used by a predator to sexually abuse a child. The predator methodically take steps to establish an emotional connection with the child to gain their trust and cooperation in order to eventually sexually abuse the child.

The Stages of Sexual Grooming

There are many different types of behavior in which grooming occurs. It is widely accepted that there are six stages of sexual grooming.

Stage 1: Targeting the Victim

The predator targets a particular child. Predators often set their sights on vulnerable children such as those who are emotionally fragile and have less parental oversight. Victims could also be selected based on ease of access. They look for children who are already isolated.

Stage 2: Gaining the Victim’s Trust

The predator gains trust by getting to know the child’s needs and how to fill them. A predator will pay special attention to the victim and make him or her feel special.  A predator may provide gifts, special treats, trips, play games, share secrets, engage the child and/or listen attentively to the child. They get to know the child’s likes and dislikes. For older victims, the predator will provide access to cigarettes, drugs, or alcohol.

Stage 3: Filling a Need

The predator will attempt to be the sole provider of something the victim wants or needs such as a providing a cell phone, money, rides, food or a place to stay.

Stage 4: Isolating the Child

Once a relationship with the child has been established, a predator will look to be alone with the child. The predator might offer to drive the child to school or a sporting event, take the child for ice cream, babysit, tutor, coach, or a special trip. They may entice the victim to a locker room, an empty school classroom, their car, a secluded park, or an overnight stay.

Stage 5: Sexualizing the Relationship

The predator will often start to push physical boundaries. It starts with innocent touching that eventually leads to inappropriate sexual contact. Subtle moves can include patting on the back, cuddling, tickling, or a kiss on the cheek. Predators will begin to discuss sexual activities or share sexual photos or videos. The predator will gradually increase physical contact and initiate sexualized touching with the victim.

Stage 6: Maintaining Control

Once the sex abuse is occurring, the predator will go to great lengths to maintain control. The predator will use secrecy, blame, and even threats. The predator may blame the victim by saying they wanted, encouraged, or enjoyed it. They tell the victim they will not be believed or they make threats to humiliate the victim to maintain participation and silence.

Reach Out to an NYC Sex Abuse Attorney

If you or someone you know has been a victim of sexual grooming, contact the New York child sexual abuse attorneys at Greenstein & Milbauer, LLP. The compassionate child sexual abuse attorneys at Greenstein & Milbauer, LLP are committed to holding sexual predators accountable. Our firm’s motto is “Don’t Be A Victim Twice”.  If you are a victim of sexual grooming, 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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