“Hot Coffee” Movie Will Reveal the Reality Behind Famous McDonald’s Case

Attorney Ethics, Lawsuits, Most Popular PostsNo Comments

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At long, long, last. A new documentary may reveal the TRUTH about a tragic case. One personal injury case in the early ’90s has been held up as the epitome of a “frivolous” lawsuit. In 1992, 79-year-old Stella Liebeck was severely burned by spilling a cup of McDonald’s coffee onto her lap.

After a long struggle with the McDonald’s legal forces, Stella was awarded $2.9 million in damages by a New Mexico jury. The story became a national lightning rod for controversy over personal responsibility and bogus litigation. Poor injured Stella was lampooned for stupidity, clumsiness and greed. The term “Stella Award” was even coined to refer to any lawsuit or victim award viewed as preposterous.

New documentary presents radically different view of coffee case

“Hot Coffee,” slated to be released in 2011 according to IMDB.com, returns to the principals in the case to find out the REAL details. In many of the most important, basic details, Stella’s hot coffee case was very different from what was reported in the media.

One thing that is mentioned in the trailer (check it out above) that is not usually emphasized is the fact that the courts drastically reduced the jury’s verdict. Despite that reduction, the tort reformers NEVER mention that fact and ALWAYS refer to this as the multi-million dollar McDonald’s case! Very dishonest.

Also in the brief trailer you can see participants reflecting on the case and the amount of disinformation that was spread. The reason, suggested by some experts: McDonald’s objective to embarrass Stella Liebeck, ridicule her legitimate claim and foster a public climate in which injured claimants were reluctant to press for justice.

Thanks to the filmmakers for all their hard work on this important story. Hopefully it will change the reigning public opinion about Stella Liebeck’s intentions and claims.

Thanks for reading,

Jim
________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Experienced Attorney Warns: Protect Your Personal Injury Case By Being Smart About Social Media

Computer Tips, Law Technology, LawsuitsNo Comments

Use-social-media-intelligentlyI have written before on the NY Injury Law Blog about the dangers of giving away your privacy online with social media. Sloppy postings on Facebook, MySpace, YouTube and other social sites can easily undermine personal injury cases – and believe me, insurance companies are well versed in any techniques to weaken plaintiffs’ cases.

The following guest post from Virginia injury lawyer Ben Glass provides a very clear outlines of the Do’s and Don’ts of using social media for people who want to protect their privacy and their personal injury cases. I’m reprinting it here with Ben’s permission. Here is Ben’s Guest Post:

Warning for Clients About Social Media

FACT – While initially people were quite guarded about what photos they posted online and who has access to them, people are gradually becoming more exhibitionist. Your friends may have photos of you, that can be searched by your name, on their pages. In other words, your own privacy settings cannot protect you entirely.

FACT – The courts have ordered injured plaintiffs to produce their Facebook pages to the insurance company lawyers.

FACT – Evidence from Facebook has been admitted in Ontario Courts and is used by the police and the traditional media.

FACT – Every insurance defense lawyer has a law clerk on Facebook who is looking for their opponents’ pages, profiles and pictures on Facebook.

So, does that mean you have to withdraw from the 21st century and avoid social media? As your lawyer, I would like to say, well, yes. Avoid it like the plague. However, as a human being, I recognize that may not be possible. So, what steps can you take to protect yourself?

Step One: Take a critical eye to your social media sites to see if there is anything you would not want the insurance company lawyer to see. Remember that the insurance company will not know the context of your photos or comments. They won’t know if you swallowed a bottle of pain killers to get through that party.

Step Two: Check your privacy settings. Most sites allow you to block certain people altogether from seeing that you even are on the site. Block the opposing lawyer and his/her clerk. Keep in mind, however, that there will be law students and others whose names you won’t know, so this is not foolproof.

Step Three: Search your name in the search field to see what comes up and make sure it is acceptable.

Step Four: While you are at it, do the same thing on Google and You Tube. Make whatever adjustments are necessary.

Step Five: Don’t accept friend requests or answer emails through social media from people you do now know. On Facebook, if you send a message, you grant the receiver access to your profile for a certain number of days. That is a common device to get access to your profile. Keep in mind that because of the lawsuit process, the opposing legal team knows a lot about you and could send you an email that might make you think you know each other.

If you are in doubt about whether or not your pages are acceptable, speak to your personal injury lawyer about it.

- Ben Glass, Virginia personal injury lawyer. Check out Ben’s website, BenGlassLaw.com, for more of his advice about personal injury law and protecting your case.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Online Comment Fingers Wrong Teen for YMCA Crime

Lawsuits, Miscellaneous, NY Laws and CasesNo Comments

computer keyboard

An unfortunate local story points out a big problem with newspapers’ transformation into online information centers with 24/7 commentary from anyone with free time.

Journalists are compelled by the law, ethics – and job security- to supply correct information to the public – and their names are on the stories they write. The public isn’t under the same obligations, and has the anonymity of user names. Malicious, even just careless remarks can be attached to news stories, to linger on the Web indefinitely.

The local story I referred is that of a teenage employee at the Corning YMCA falsely blamed for an awful crime on a newspaper’s website – not by the newspaper or the police, but by a citizen commentator. WETM published the tale online with the title “YMCA Employee Wrongly Named” (Meagan Kolkmann, 8/13).

The teen was falsely named as the employee arrested last week for having pornographic photos of children supervised at the YMCA.

The actual 18-year-old perpetrator, also accused of sexually assaulting a 2-year-old girl he was related to, was arrested and charged (though he’s currently out on bail).

The Corning YMCA sent a letter to parents after the false online accusation. The letter stressed three key points:

  • The YMCA plans to review its employee screening process and supervision guidelines for the Child Watch program and the entire organization.
  • YMCA employees are “shocked and saddened” by the betrayal of trust by the guilty employee.
  • The teenager falsely named had nothing to do with the crime. J.D. Young, president of the YMCA board and the letter’s author, calls him a “dedicated employee and a great human being.”

Whoever wrongly pointed the finger at the poor kid may be facing a big lawsuit. Online, lies can spread quickly and be promulgated by people who don’t think it matters if they don’t have all the facts. A well-publicized lawsuit might make them think differently.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York Accident Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Flustered Cop Turns Taser on Syracuse Mom

LawsuitsNo Comments
A Stun Gun making an electrical arc between it...

You are not going to believe this video! I was alerted to it by a post on attorney Eric Turkewitz’s blog. Eric practices personal injury law in New York City, but “Minivan Mom Tasered in Syracuse” hits close to home here.

Apparently Syracuse mom Audra Harmon, a school bus driver and mother of three, was pulled over by Deputy Sean Andrews in January for talking on her cell phone. Except she wasn’t. And that’s provable with the cell phone records – so I think at that point the deputy was stuck.

Deputy Andrews changed the charge to speeding – 50 in a 45 mph zone. Harmon argued the charge (as a school bus driver, she’s likely to know and obey speed limits). She got out of the car to see the radar recording – Andrews ordered her back in the car, then decided to declare her under arrest and demanded she get out of the car. When Harmon resisted getting out again (she was frightened at that point) he forced her out and Tasered her – twice.

There is no way this cop was under any threat of harm from this mom and it’s clear that he Tased her only because she was asking him some questions he did not want to answer.

A Taser is a dangerous and potentially fatal weapon (over 200 people have been killed by Tasers). Its use should be reserved for those times when it is necessary to protect the officer or a third party. In this case it was a dangerous tool in the hands of somebody without the judgment or temperment to handle it.

You can watch what happened in the video here:

Deputy Tasers Mom In Minivan

The video is courtesy of the Syracuse Post-Standard. The newspaper’s story “Mom in minivan tasered twice in Salina traffic stop; camera captures deputy’s rough roadside arrest,” (O’Brien, 8/13) was originally printed on Aug. 13. That was also the day Harmon planned to file lawsuit against the police department over the incident, she told the Post-Standard.

I have a high degree of respect for most police officers, but sadly there are a few rotten apples who spoil the entire bushel. The Post-Standard also reported that Deputy Andrews, at first just taken off road duty, has recently been suspended without pay (“Deputy in Tasered mom case is suspended without pay” (O’Brien, 8/19)

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Can I Sue My Kid for Crashing My Car Into My Garage?

Auto Accidents, Keeping Your Family Safe, Lawsuits, NY Auto Insurance, NY Laws and CasesNo Comments

For all of us who have teenage drivers in the house, I just read a great post by NY Insurance coverage expert Roy Mura entitled: Suing the Kid for Crashing the Car Into the Garage. I strongly urge you to read Roy’s full post but the highlights are below:

Roy was asked: Can an unemancipated child be held “legally responsible” to a parent for crashing mom’s car into the garage?

He answered: In New York, the answer is yes. In 1969, in the case of Gelbman v. Gelbman, the New York Court of Appeals abolished the intrafamily immunity doctrine and permitted a mother to sue her unemancipated minor son for injuries she had sustained in an auto accident while riding as a passenger in a car her son was driving. Gelbman remains “good law” in New York.

But then Roy went on to ask the really relevant and practical question: Is there insurance coverage for the kid crashing the car into the garage?

Roy answered by saying that there probably is coverage for damage to the garage (but not its contents) under a homeowner’s policy and “there would also be liability coverage favoring the child under a personal auto policy that provides coverage for “damages for … ‘property damage’ for which any ‘insured’ becomes legally responsible because of an auto accident.”

Roy’s parting tongue-in-cheek comment is that while you might be able to successfully sue your kid for wrecking your car and your garage, and even though there might be insurance coverage to cover it, you might face non-renewal of your insurance coverage when your policy is up for renewal. That certainly is food for thought… :-)

Thanks for reading, Jim
______________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: jreed@zifflaw.com
Web: http://www.zifflaw.com

Please visit the New York Injury Law Blog at: http://www.NYInjuryLawBlog.com

Email me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

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The 7 No-Argument Rules for Riding ATVs

Keeping Your Family Safe, Lawsuits1 Comment

yamaha-rhino-imageGoogle News Alerts sent a really disturbing news item my way recently. CBS News reported that the Yamaha Rhino all-terrain-vehicle is cause of a “legal firestorm.”

According to the Consumer Product Safety Commission, 59 people have died because of accidents on these ATVs. Yamaha has settled an unknown number of lawsuits – and there are 440 pending wrongful death or personal injury suits pending that concern the Rhino.

What’s wrong with the Rhino?

  • The CBS report says that plaintiffs in cases against Yamaha involving the Rhino claim it has:
  • An unusually narrow stance and high-ground clearance that contribute to instability.
  • No rear differential, making the Rhino more difficult to turn.
  • Seat belts that have been known to “unspool” during rollovers. (This is the one that really, really gets me. Can you imagine how much worse the results of rollover accidents could be if victims are “partially ejected” – but still tethered to vehicles by loose seat belts? It’s difficult to believe.)

I believe in getting the word out about the dangers of the Yamaha Rhino, but that’s not the total inspiration for this post. I wanted readers to benefit from my experience representing ATV accident victims in New York and Pennsylvania. I probably wouldn’t have handled as many personal injury cases if ATV drivers just followed the following seven simple, but essential, rules for ATV safety.

ATV Common-sense Rules

  1. Only permit experienced drivers to operate the ATV.
  2. Wear a helmet.
  3. Ride in safe areas.
  4. Follow all applicable laws.
  5. Turn on the headlight and make sure all safety lights are working before operating the ATV.
  6. Never operate an ATV if you have been drinking or are under the influence of any drugs or medication.
  7. USE COMMON SENSE.

That’s it. I hope you’ll read, heed and share this advice.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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When Facebook Isn’t a “Friend” to Your Personal Injury Case

Computer Tips, Lawsuits4 Comments

facebook-logoYou’re being watched.

At least, you are if you have a Facebook account – as only a bazillion or so people do. And I don’t just mean watched by your Facebook “friends.” You could also be offering your life and habits up to people who don’t have your best interests at heart.

Most people don’t realize this, but if you have a Facebook account, the default privacy settings allow people who live in your region to see your page EVEN IF THEY ARE NOT YOUR FRIENDS.

What does this have to do with personal injury law? If you have a personal injury case, you might want to be very careful about what you post to Facebook. Stop and consider – do you want everything you post to be viewable by the insurance company’s legal team?

The Facebook flaw

I was made aware of this Facebook issue by attorney Jason Lee Paris. A a friend of his who is a defense attorney told him how she had participated in a case where the plaintiff claimed severe mental and physical problems. The plaintiff claimed he: “had no life, cannot do anything, doesn’t go out of the house except to the doctor or to work, is depressed, is physically limited, used to love to dance and play sports and now does neither at all anymore, has not gone outside the state of New York since his accident, etc etc.”

This defense attorney then changed her county of residence on her Facebook profile (Wonder if that was unethical conduct on the part of this lawyer?) so that she could secretly view the plaintiff’s Facebook page without being his “friend” – and lo and behold: There were recent photos of the plaintiff dancing at a wedding in Puerto Rico and playing soccer last summer. He’d also posted lots of information about his activities and feelings. His case was blown by his own Facebook profile.

This plaintiff was dishonest, and as a personal injury attorney I don’t want anything to do with representing dishonest people. In fact, I tell my clients, I can always deal with the truth but a single lie can kill an otherwise good case.

The point of this post is to be totally honest with your injury lawyer because it is important to be aware that insurance companies will use EVERY means available to weaken your personal injury case.

Check the Privacy settings on your Facebook account (find them under Settings on the right side of the top toolbar). You can fine-tune them to make sure the people you trust get to track your life – NOT the people you don’t.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Why We Do Not Write “Lawyer Letters”

Choosing a Lawyer, Lawsuits, Practice TipsNo Comments

CB022159

From time to time, I receive requests to write a “lawyer letter.” What is a “lawyer letter”- and why do I have to refuse to write one? Let me explain:

Many people contact us and say that they “know” that their legal issue could be resolved, “if I just had a lawyer write a letter to the other side.” They say that they don’t want to get involved with a, “whole lawsuit or anything, all I need is a lawyer letter.” They say that they know, “the other side will just roll over or give up if they get a threatening letter from a lawyer.” They say, “just write a simple letter for me” and all will be resolved.

My office CANNOT write “lawyer letters” UNLESS we have been retained to represent the client for the ENTIRE legal matter.

Here’s the problem. Actually, it’s two BIG problems.

We need all of the details

First, in order to write a proper “lawyer letter,” the lawyer must know ALL the relevant information. This means the lawyer MUST:

  • Meet with the client and learn the entire story.
  • Review whatever documents are relevant.
  • Research the applicable law.

Unfortunately, this all takes time. For a lawyer, our time and expertise are the only commodity we sell so we must get paid for the time we spend investigating your case. To write a letter without proper investigation is unprofessional and unethical.

Life isn’t a card game

What happens if the “lawyer letter” doesn’t work? What if the other side receives the “lawyer letter,” calls your bluff and just pitches it in the garbage? What do you do then?

Well, if you are a competent, professional lawyer who has been retained to handle the entire legal matter, you promptly file a legal action or lawsuit. In other words, if your bluff is called you have to be prepared to fight. In my office, we say: “If we are in for an inch, we are in for a mile.” That means once we have been retained to handle a case, we are going to see it through to the end whether it is an easy case or a difficult case.

Why is that our philosophy? Simple. There is nothing worse in our business than getting a reputation that you are nothing more than a giant bluffer. Once you have this reputation, it undermines every case you handle for every client you represent.

If you retain us, our reputation works for you

Because Ziff Law Firm attorneys practice in an area where we constantly work with the same lawyers and same insurance company adjusters, over and over again, our reputation means EVERYTHING! If we develop a reputation that we will fight to the brutal end for every client, every time, then our opposition will be very
reluctant to try to call our bluff. Instead, they will be more likely to work with us toward a fair resolution of our clients’ cases.

I know this is a long-winded explanation for why we do NOT write “lawyer letters” but I wanted readers to know where we are coming from.

To truly help you resolve a legal matter – be it a personal injury, medical malpractice, bankruptcy or foreclosure, workers’ compensation case – we have to be retained as your representation in the matter. Once you provide additional details regarding the nature of your dispute, we will be in a position to let you know how we think you should proceed.

It may turn out that the first step of our representation might be the “lawyer letter,” but it won’t be an empty bluff. If that letter doesn’t work as hoped, we will be able to help you pursue your other legal options.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com


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Play it Smart: Why Hiring a Lawyer for Your Accident Case Saves You Money

Choosing a Lawyer, Injury FAQ's, LawsuitsNo Comments

CBR002454Insurance companies have a ploy they use to cut costs. They offer a small amount of money right away, hoping accident victims will sign away their rights to sue.

NEVER take an insurance check without first consulting an attorney. You need to make an informed decision about what is in your best interest.

Whom is it smarter to listen to – your attorney whose fee is derived from your settlement, or the insurance company, who is trying to pay you as little as possible?

There are three very important things you should consider if you are wondering if you NEED to hire a lawyer to handle your accident case.

  1. PEOPLE REPRESENTED BY AN ATTORNEY GET 300% MORE THAN UNREPRESENTED PEOPLE! A national study found that that injured persons who were represented by an attorney received 300% more than persons who settled their claims without a lawyer. Even after deducting the standard lawyers’ fee of 1/3, those claimants who hired representation netted twice as much as those who accepted an insurance company’s settlement.
  2. If you think you might go to trial to seek a larger judgment, only an experienced attorney is qualified to assess the potential of your case. Though going to trial can take a long time, in many cases the return in the judgment in court is MUCH larger than the insurance company’s low-ball settlement offer. You have to weigh the “bird in the hand” settlement against the risk of going after a greater verdict. An accomplished lawyer can help you make this tough decision – based on their experience in handling similar cases.
  3. The insurance company has attorneys to protect their profits – shouldn’t you have one to ensure you get a fair settlement? Every time one of my client’s tells me that the insurance adjuster told them that they didn’t “need” to hire an attorney, I tell them to ask the adjuster if the insurance company has their own attorneys? If they honestly answer the question, “Yes, of course we have company attorneys”, then ask why is it that the insurance company needs their own attorney while they are recommending that you do NOT need YOUR OWN ATTORNEY? That usually stops them dead in their tracks…

The personal injury attorneys at the Ziff Law Firm, (Carl Hayden, Jim Reed and Adam Gee) will consult with you to see if you need to have them represent you or not. Just call us at 1-800-ZIFFLAW or e-mail us at info@zifflaw.com and we will be happy to speak with you right away.

The bottom line: Yes, attorneys have fees, but in the long run, it could cost you a LOT more NOT to hire one.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
New York Accident Lawyer
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com


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What You Need to Know About IME, the Insurance Company “Exam”

Injury FAQ's, LawsuitsNo Comments

I want to share some vital information about an important part of any personal injury, car accident or workers’ compensation case: your Independent Medical Examination, or IME, with the insurance company’s doctor.

Let’s face it, the insurance company is sending you to a doctor with the hope that they may show you are NOT as disabled as your doctor says. Therefore, the “independent” medical doctor who you are going to see will try to show that you are exaggerating, malingering, magnifying your symptoms, or just pretending.

I refuse to use the word “independent” when referring to these exams, even though they are routinely referred to as IME’s. I call them “Insurance Medical Exams,” or better yet, DME’s or “Defense Medical Exams.” The bottom line is that these doctors are hired for one purpose and one purpose only – to either deny or minimize a claim.

The IME doctor is listening to everything you say and watching everything you do. He will dictate a report of what he sees and hears immediately when you leave his office.

We routinely send the following list of Do’s and Don’ts for these so-called “independent” exams to clients:

42-15614510

IME Don’ts

  • Don’t lie. That can undermine your whole case.
  • Don’t try to outsmart the doctor. You can’t do it.
  • Don’t drive yourself to the visit. Try to have your spouse, friend or neighbor drive you.
  • Don’t talk about your accident, injuries, insurance company or case in elevators, common areas or doctor’s waiting room.
  • Don’t wear dangling jewelry or earrings.
  • Don’t come to the doctor with hands that look they are dirty from working on a car or changing the oil.
  • Don’t come to the doctor with elaborately painted fingernails (especially if you are claiming carpal tunnel or any other type of chronic pain syndrome).
  • Don’t jump on and off of the examination table at the doctor’s office.
  • Don’t come in tight jeans or cowboy boots.
  • Men, don’t come unshaven.
  • Ladies, don’t come with make-up on or wearing high heels.
  • Don’t leave the doctor’s office in a running trot or quick walk and jump into your car, because the doctor is probably watching you from his or her window.
  • Don’t use medical jargon or fancy terminology when discussing your case or describing your symptoms.
  • If you are complaining of a neck injury, don’t twist your head back and forth when the doctor is moving about the room in an effort to follow his movements.
  • Don’t discuss money or any plans of retirement with the doctor.
  • Don’t discuss your marital situation with the doctor unless the exam is for a psychological injury. Your marital situation is not relevant to the present examination. This is a physical examination.
  • Don’t exaggerate your problems. Be truthful, but conservative.
  • Don’t moan, groan and wince or grimace in pain every time the doctor touches you. No matter how lightly or heavily the doctor may touch you, be natural.
  • Don’t ask the doctor for medication or pain pills.
  • Don’t talk about your labor union to the doctor.
  • Don’t talk to the doctor about the insurance carrier, attorneys or the adjusters.
  • If you have a bad back, don’t bend down and untie your shoes. Wear loafers and kick them off/slide them on.
  • Don’t allow the insurance company’s representative or nurse to be in the examining room with you when the doctor examines you. Simply explain to the doctor that you deem physical examinations to be private and would like to have the representative leave the room. Be polite and sincere when you say this.
  • Do not discuss with the doctor the amount of your claim or the amount of wages you used to make. Politely decline to do so by saying that the insurance company has that information.
  • Do not discuss with the doctor whether you have any hearings coming up on your case.
  • Do not discuss what you deserve for a settlement or your plans for spending the money you may get.

What you should DO at an IME:

  • Be honest and cooperative with the doctor.
  • Be pleasant. At the same time, you should not behave in such a fashion that the doctor can say you were laughing during the examination.
  • Be concerned. Be serious. Be polite. Give the doctor accurate, but brief, history on how your accident or injury occurred.
  • Give the doctor an accurate history of your job details and what you do in terms of lifting, bending, stooping, carrying, and walking.
  • If the doctor asks you about any previous injuries or illnesses you had before the present one, be honest and tell him the nature of any injuries you had, and whether you had surgery in connection with those previous injuries. On the other hand, do not volunteer information.
  • If the doctor asks if you have had any previous workers’ compensation claims, you should say to him, “I’ve had previous workers injuries” (if that is true). However, you should always disclose any injury whether it is work related or not if the doctor asks you for a previous history of injuries.
  • Be aware that the doctor is sometimes performing the same test on you in more than one fashion and in more than one way. For example, the doctor may test your legs when you are sitting up and when you are lying down. This is the same test. Therefore, if you complain of pain inconsistently, the doctor is going to make note of it. Let the truth come out and we will obtain a more favorable report from the doctor.
  • If you are totally disabled, explain to the doctor that if there was any way you could be back at work, you would be there.
  • Ask the doctor to send a copy of his or her evaluation to your treating doctor.

Two important tasks for you:

First, keep track of how long the doctor spends with you. IME doctors will often exaggerate the time they spent questioning and examining you. To combat this, it is imperative that you keep track of the time you spent with the doctor. Do not be obvious about it, but glance at your watch so you can accurately advise us of the time.

Second, as soon as you are home, sit down and write down every detail you can recall of your exam (i.e. time spent with a nurse or doctor, questions asked by the doctor and your answers, tests performed by the doctor, etc.). We understand that you can’t remember everything, but do the best you can.

Finally, two more ways to prepare:

Take a look at our FAQs, “Our Answers to Your Legal Questions.” You will find more answers to questions about accidents, personal injury cases and workers’ compensation.

Watch our videotape about preparing for an IME. You can contact our office to set up an appointment to see the videotape before your exam.

My colleagues and I at the Ziff Law Firm don’t represent people that are pretending to be injured. Nevertheless, IME doctors are conditioned to believe that most claimants are malingering, pretending, or exaggerating. That is why you MUST know how to act during this important phase of your case.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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