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January 22, 2021

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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