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Do I Need To Attend A Medical Exam After A Car Accident To Claim Compensation?

In this guide, we’re going to examine whether you need to attend a medical exam after a car accident. We will explain why you need a medical exam after a car accident and who performs the same. We will illustrate the details of the examination and whether your entire medical history will be reviewed. 

Key Points On Medical Examination After A Car Accident

  • You will need to attend a medical examination after your car accident to determine the extent of your injuries.
  • Your medical examination will be conducted by a medical professional who’s an expert in the injuries you’ve suffered.
  • The medical expert will prepare a report, which will be sent to you and your solicitor for verification. If you are satisfied with the report, you will be asked to sign.
  • If you work with one of our No Win No Fee solicitors, the expense of the medical assessment may be covered under this agreement.

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Choose A Section or Browse Our Guide

  1. Will I Need To Attend A Medical Exam After A Car Accident To Claim Compensation?
  2. Why Do I Need To Attend A Medical Examination In A Car Accident Claim? 
  3. Who Performs The Medical Examination?
  4. What’s Involved In The Medical Examination?
  5. Will My Entire Medical History Be Reviewed?
  6. Do I Still Need A Medical Examination If I Have A Pre-Existing Condition? 
  7. Do I Need To Attend A Medical Assessment If I’m No Longer Injured? 
  8. Who Pays For The Medical Examination? 
  9. Read More About Claiming Car Accident Compensation

Will I Need To Attend A Medical Exam After A Car Accident To Claim Compensation?

In recent years, legislation was introduced and underpinned by the Civil Liability Act 2018, which placed a ban on claims being settled without an independent medical report.

The prospect of attending a medical exam after a car accident may seem intimidating. However, it is a necessary procedure for us to determine the full details of your claim. In the section below, we will explain how the medical examination would help in strengthening your car accident claim.

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Why Do I Need To Attend A Medical Examination In A Car Accident Claim?

This examination will help to provide details on:

  • The extent and seriousness of the injuries
  • Recovery time
  • The treatment and care you’ll need.
  • How much the injuries have impacted your daily life and your earning capability.

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Who Performs The Medical Examination?

You will be examined by a professional who has knowledge and experience of your injuries. For instance, if you have suffered from multiple fractures, an orthopaedic specialist will examine you. If you’ve suffered from scarring on your face, your examination may be carried out by a dermatological expert. 

Want more information on your legal rights in car accident personal injury claims? Contact our team to know your rights.

What’s Involved In The Medical Examination?

The medical expert will conduct an examination and request the details of your accident. They’ll ask how your injuries have impacted your daily life and the extent of the pain you are suffering. The expert would decide the treatment you need and they may refer you to other medical practitioners, if required. We’ll try to ensure that your examination is conducted close to your home to make it convenient for you. 

Once your examination is complete, the medical professional will prepare a detailed report. This report will contain an expert opinion on the impact of the accident. This will be sent to you for your approval. You and your solicitor can assess whether the report gives an accurate account of your injuries. If you’re satisfied with the report, you will be directed to sign a medical agreement form. This is a form which confirms that the information on your report is correct and authentic.  Once you sign this, it can be used by your solicitor to calculate the damages you can claim.

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Will My Entire Medical History Be Reviewed?

In most cases, the expert wouldn’t need to examine your entire medical history. The medical report we request for would majorly focus on the injuries sustained by you in the accident. However, in more complex cases of serious injuries, they may need your full medical history. This would then form part of the medical report on your injuries. We assure you that we’ll maintain full confidentiality while handling your information. We’ll use this information only to assess the accurate amount of damages and for no other purpose.

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Do I Still Need A Medical Examination If I Have A Pre-Existing Condition?

You would still need to attend a medical examination after a car accident if you have a pre-existing condition. This is because the car accident could’ve worsened your pre-existing condition. In order to strengthen your claim, it would be essential to include the full impact of your injuries. We would also refer to the Judicial College guidelines (JCG) to determine the compensation you could claim for your injuries. 

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Do I Need To Attend A Medical Assessment If I’m No Longer Injured? 

It makes sense to ask this since you have 3 years to make your claim under the Limitation Act, 1980. However, the medical examination after a car accident would help to underline the full extent of your injuries. Even if you’ve fully recovered, we would need to quantify the pain and financial loss suffered to seek compensation. It would also be necessary to determine how long it took you to recover from the injuries.

To understand the compensation you could claim for your case, you can use our compensation calculator or reach out to our team.

Who Pays For The Medical Examination? 

If you decide to work with our car accident solicitors, your claim will be handled under a No Win No Fee agreementThis means that we operate on a Conditional Fee Agreement (CFA) and there will be no upfront consultation fees. So you’ll pay us only if your claim is successful.

Generally, as part of this service, the cost of the medical examination may be covered. This means usually you would not have to pay for this out of your own pocket.

We’ll deduct a fixed percentage from your compensation as the success fee if your car accident claim is successful. The law has placed a limit on this and your No Win No Fee agreement shall mention the percentage. If your claim is not successful, you won’t have to the solicitor for this service.

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Read More About Claiming Car Accident Compensation

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