does the defendent in a case have a ight to have the injured seen by a docter of the opposite party

UPDATED: Apr 17, 2009

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does the defendent in a case have a ight to have the injured seen by a docter of the opposite party

to settle an argument at work i say a person claiming ijury needs to see the oposite docter to settle a claim. the other person says you only need to see their docter

Asked on April 17, 2009 under Accident Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You're both right. If the other side's insurance company determines that its insured is probably liable, and it knows there was a serious injury resulting from the accident (such as if the victim went to the hospital for a week and lost an arm) so it can anticipate paying out at least $X and the victim is willing to settle in a hurry for what the company anticipates will be 1/10th of X,  sure they will settle it for pennies on the dollar without having their doctor examine the victim.

That's why it makes sense to consult a lawyer who will look out for YOUR interests before starting to discuss settlement (or anything for that matter) with the other side's adjuster or lawyers.

If there is any question about the cause of the claimed injury, or the seriousness of the injury, or the duration of the expected disability or loss of function,  the company will want to make its own assessment of the medical consequences and duration.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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