Skip to main content

Who should bear the costs?

Woodland Hills, CA |

AME evaluation repot is completely off. Don’t reflect my true condition.
He ignored just about all medical reports from my doctors from Kaiser to WC doctors.
If I decide to take his Deposition. Do I have to bear the costs?

+ Read More

Attorney answers 3

Posted

You may have to advance the costs to AME and the Court Reporter, but they can be reimbursed under Labor Code §5811. See this page: http://www.wcwebzine.com/a-z/medical-legalexpenses.htm

If you have an AME it appears you would also have an attorney, unless you dismissed the attorney and are now in pro per.

Asker

Posted

Thank you kindly Miss Harris. I so appreciate your help.

Posted

Unless you know more about the law than a lawyer, don't try this. Unless you know more about medicine than the doctor, don't try this. You can't play in someone else's game and have a prayer of winning if you don't know the game!

Asker

Posted

But I do not agree with his Report. I believe that he was manipulated by the defendant's lawyer ( impossible to prove). How can I get the corurt to cancel his report and go to another AME - someone fair & honest?

Brett A. Borah

Brett A. Borah

Posted

My point was that since you're dealing with pros (both medical and legal) and since you're an amateur, you need to get a pro on your team....a good WC lawyer. That lawyer will know how to take a deposition of a doctor. Ah, but reading again, he's an AME. You can only go to an AME if you have a lawyer. So you must have a lawyer. Talk to your lawyer about deposing the doctor. He'll know how to do it.

Asker

Posted

My current attorney das not satisfy my needs for information and responsiveness. He didn’t respond to a long letter I have sent him. In this important letter I have wrote all the lines in the Ime report that are off. If I seek a different attorney, do I have to pay him for his time?

Brett A. Borah

Brett A. Borah

Posted

you have the right to change lawyers....if you can find one who will take the case at this stage. You will pay one attorney fee (probably 15%). The two lawyers will have to split that fee. That means lawyer #2 will be working for...5%? 10%? 7.5%? Better to continue to work with this attorney. If he doesn't respond to letters, call and schedule a face-to-face appointment. Have your questions/issues written down ahead of time so you're prepared.

Asker

Posted

Thank you so much. I like you!

Brett A. Borah

Brett A. Borah

Posted

Oh...stop it! You're making me blush...

Asker

Posted

(-:

Posted

Attorney Harris is right you can seek reimbursement under 5811.

I competely agree with Attorney Borah, I do not recommend you try to depose the AME without legal assistance.

This communication does not constitute "legal advice", nor does it form an attorney-client relationship.

Get Avvo’s 3-part personal injury email series

A roundup of the best tips and legal advice.

Personal injury topics

Recommended articles about Personal injury

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer