Legal Question in Personal Injury in California
Showed for IME twice but not seen - how much is enough?
I showed up on time for an Independent Medical Examination but was not seen (I am Plaintiff in a PI case). The IME was rescheduled and I showed up again- and was not seen again. How much is enough? Can the Defendants keep wasting my time like this and is there any case law to support objecting nore atttempts? It seems like there should be something, but I can't find it.
4 Answers from Attorneys
Re: Showed for IME twice but not seen - how much is enough?
There may be extenuating circumstances but it sounds like enough to me!
Re: Showed for IME twice but not seen - how much is enough?
It sounds like you already know the answer. If another IME is noticed, your attorney might file a motion for protective order, or at least a request for monetary sanctions for your having wasted your time. Good luck to you.
Re: Showed for IME twice but not seen - how much is enough?
You should be asking your own attorney for help in this. If you are trying to handle the case yourself, because you don't think an attorney is worth having, why are you asking for free advice and help from attorneys?
There are rules about misuse of discovery, which is what you are complaining about. You will need to file for protective orders.
Re: Showed for IME twice but not seen - how much is enough?
You would have to file a Protective Order which is a motion with the court and go before a Judge to explain what happened. Either the Judge might rule they can't have a Defense Exam (not an IME)or the defense would have to compensate you in some way and they would have one last try. You do not say why you weren't seen. Where was the problem or hang-up? You might need an atty for this.