Independent Medical Exam FAQs

Pre-existing condition defenses are among the most common insurance company tactics in Georgia. However, Georgia’s “eggshell plaintiff” rule — recognized by Georgia courts and grounded in longstanding common law — provides that a defendant takes the plaintiff as they find them. If the accident aggravated, accelerated, or lit up a pre-existing condition, the defendant is fully liable for that aggravation. Haug Barron Law Group has successfully defeated pre-existing condition arguments in multiple seven-figure cases.

Yes — and it is one of the most important things your trial attorney will do. Under O.C.G.A. § 24-7-702, expert opinions — including IME opinions — must be based on sufficient facts, reliable methodology, and proper application to the case. Haug Barron Law Group routinely files Daubert-style motions to exclude unreliable IME opinions, cross-examines IME physicians about their financial relationships with insurance companies, and presents your treating physicians’ superior opinions to the jury.

You should answer questions honestly and accurately. Do not minimize or exaggerate your symptoms. Be specific about how your injuries affect your daily life. Do not discuss the details of the accident in depth unless asked — and even then, keep your answers factual and concise. Never volunteer information about your legal strategy. Everything you say will be documented in the IME report and can be used against you at trial. Your Haug Barron Law Group attorney will thoroughly prepare you before any IME.

Georgia law does not specify a maximum number, but courts apply proportionality principles. A defendant cannot compel multiple repetitive examinations without good cause. If the defense seeks more than one IME or examinations by multiple physicians, your attorney can seek a protective order. Contact Haug Barron Law Group if you are facing repeated IME demands.

Georgia courts have ruled differently on this issue depending on the case. Many judges permit a representative or observer to accompany a plaintiff, particularly for vulnerable individuals such as minors or those with cognitive impairments. Your attorney should address this issue before the examination, either by agreement with defense counsel or by motion to the court. Haug Barron Law Group routinely negotiates observer rights for our clients.

Once litigation has been filed, the defense can seek a court order under O.C.G.A. § 9-11-35 requiring you to attend an IME. If the court grants the order and you refuse to comply, you may face sanctions, including dismissal of your case. However, before litigation, there is generally no legal obligation to attend a defense-requested IME. Your attorney at Haug Barron Law Group can negotiate the scope, timing, and conditions of any examination to protect your rights.