Suffering an injury due to someone else’s negligence can be life-changing, affecting your health, finances, and future. What is the role of medical evaluations in personal injury cases in California?

Medical evaluations serve as the foundation of a personal injury case by documenting the nature, severity, and long-term impact of an injury, which directly influences settlement negotiations and court decisions.

At Scher, Bassett & Hames, we have decades of experience helping injury victims build strong cases with solid medical evidence. Below, we explain the significance of medical evaluations and how they impact your personal injury claim in California.

 

Medical Evaluations in Personal Injury Cases in California

 

Why Are Medical Evaluations Important in Personal Injury Cases?

How do medical evaluations impact personal injury settlements? Medical evaluations provide objective proof of injuries, helping determine compensation for medical expenses, lost wages, and pain and suffering.

Key Reasons Medical Evaluations Are Essential:

  • Prove the Extent of Injuries – Medical records document the severity and long-term impact of injuries.
  • Link Injuries to the Accident – Medical professionals provide reports connecting the injury to the incident.
  • Determine the Cost of Treatment – Evaluations establish the need for ongoing medical care.
  • Support a Pain and Suffering Claim – Psychological and physical pain assessments help increase settlement amounts.
  • Prevent Insurance Disputes – Well-documented evaluations counter attempts to minimize or deny claims.

A strong medical evaluation is a cornerstone of a successful personal injury case.

 

Types of Medical Evaluations Used in Personal Injury Claims

What types of medical evaluations are used in personal injury cases? Personal injury cases in California rely on multiple types of medical evaluations, including initial exams, specialist evaluations, and independent medical exams.

1. Emergency Room & Initial Medical Evaluations

  • Performed immediately after an accident to assess injuries.
  • Creates the first official medical documentation for your case.

2. Primary Care Physician Evaluations

  • Ongoing assessments track progress and document symptoms over time.
  • Provides referrals to specialists if necessary.

3. Specialist Evaluations

  • Includes orthopedic surgeons, neurologists, and physical therapists.
  • Used for severe injuries such as fractures, head trauma, or spinal damage.

4. Independent Medical Examinations (IME)

  • Conducted by an objective third-party doctor.
  • Often requested by insurance companies to verify injury claims.

5. Psychological Evaluations

  • Used in cases involving PTSD, anxiety, or emotional distress.
  • Supports claims for pain and suffering damages.

 

How Do Medical Evaluations Affect Your Compensation?

Medical evaluations directly impact how much compensation you receive in a personal injury case. The more thorough and well-documented your medical reports are, the stronger your claim will be.

Factors That Affect Compensation:

  • Severity of the Injury – More serious injuries lead to higher settlements.
  • Cost of Medical Treatment – Current and future medical expenses are considered.
  • Impact on Daily Life – If injuries limit work or daily activities, compensation increases.
  • Duration of Recovery – Long-term or permanent injuries result in higher damages.
  • Need for Ongoing Care – Rehabilitation, surgeries, or therapy add to settlement value.

 

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What to Expect During a Medical Evaluation for a Personal Injury Claim

What happens during a medical evaluation for a personal injury case? A medical evaluation involves a thorough examination by a doctor, diagnostic testing, and a written report assessing your injuries and their impact.

Steps in a Personal Injury Medical Evaluation:

  1. Medical History Review – The doctor will ask about past injuries, pre-existing conditions, and current symptoms.
  2. Physical Examination – Includes tests for mobility, range of motion, and signs of injury.
  3. Diagnostic Testing – X-rays, MRIs, CT scans, and lab tests may be ordered.
  4. Prognosis Report – The doctor provides an opinion on long-term recovery and necessary treatments.
  5. Documentation for Legal Purposes – The medical report is submitted as evidence in your case.

Being honest and detailed about your symptoms helps ensure accurate reporting.

 

What If an Insurance Company Requests an Independent Medical Examination (IME)?

Sometimes, the insurance company may request an Independent Medical Examination (IME) to verify the extent of your injuries. While IMEs are supposed to be objective, insurers often use them to minimize claim payouts.

How to Handle an IME:

  • Be Honest – Stick to the facts about your injury and symptoms.
  • Bring Documentation – Provide records of past treatments and ongoing medical needs.
  • Be Aware of Bias – Some IME doctors work for insurance companies and may downplay injuries.
  • Consult Your Lawyer – If you receive an unfavorable IME report, your attorney can challenge it.

A skilled personal injury attorney can counter unfair IME results and ensure you receive fair compensation.

 

Get Legal Help to Maximize Your Injury Claim

Medical evaluations are one of the most crucial elements of a personal injury case. If you’ve been injured in an accident, working with an experienced attorney ensures that your medical evidence is properly documented and presented.

Call Scher, Bassett & Hames today at 408-739-5300 for a free consultation. We will fight to maximize your settlement and protect your rights.

 

 

Resources

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FAQs About Medical Evaluations in Personal Injury Cases in California

How soon should I get a medical evaluation after an accident?

You should seek medical attention immediately after an accident. Delaying treatment can weaken your case and allow insurance companies to argue that your injuries were not serious.

Can I use my own doctor for a personal injury evaluation?

Yes, you can choose your own doctor, but insurers may also request an Independent Medical Examination (IME).

What happens if I refuse an Independent Medical Examination (IME)?

Refusing an IME may hurt your case. However, an attorney can challenge an unfair IME request.

How does a medical evaluation impact pain and suffering compensation?

Doctors’ reports document pain levels, treatment needs, and long-term effects, which can increase your non-economic damage claims.

Can I still file a claim if my injuries worsen over time?

Yes, but it's essential to have ongoing medical evaluations that document the progression of your injuries.
About the Author

Gerald Scher, Attorney at Law

Gerald “Jerry” Scher is a San Jose personal injury attorney with over 30 years of experience. A graduate of Santa Clara University School of Law, he has secured settlements from $5,000 to $1.5 million in personal injury and workers’ compensation cases. Jerry is a member of the American Bar Association and Santa Clara County Trial Lawyers Association.