Your lawyer should be able to reschedule the IME with the other side, and if they refuse, he can go to Court, and obtain an order to that effect. Your case is not that old so that a short delay will not be allowed. If your lawyer is telling you otherwise, you may have a problem with him. Now, if you are talking about no-fault IME's, its a bit more complicated, but if your lawyer acts diligently and makes some phone calls - blames your missing the IMEs on law office failure - he should be able to get it rescheduled.
This is a matter between you and your attorney. He/she should know how to resolve this issue; we've all dealt with it before. Good luck.
These kinds of scheduling issues are usually worked out between the attorneys and the expert doctors. Now, the defense reason for wanting the IME may be that the defense doctor wants to assess your condition, pre-surgery, to ascertain whether (in his opinion) that surgery is even necessary. (The cynic in me says that most paid defense experts seem to think that everything can be cured by 2 Tylenol and 2-4 weeks of physical therapy, but I digress). You should discuss this with your lawyer, because there may be a need for him/her to address this with the court by way of motion for protective order.
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My advice is to speak with your attorney and follow your attorney's advice.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Your lawyer should be able to reschedule.
Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
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