When you are injured in a personal injury accident, you must prove to the court that the accident resulted in “damages” including physical damages. To prove physical damages, we use medical records and expert testimony to establish that your injuries were sustained as a result of the other party’s negligent, careless, or reckless behavior. In order to verify your injuries, we provide the opposing party with copies of your medical records and we may present expert testimony at trial. The defendant has the right to take your deposition and the deposition of any witness we may use at the trial. However, the defendant also has the right to request that you submit to a defense medical exam.

What is a Defense Medical Exam?

California personal injury law provides that when a person or party is being sued in a personal injury case, that party may require the injured victim to submit to a medical examination referred to as a defense medical exam. However, the law stipulates that you are only required to submit to one defense medical exam only if both of the following conditions are met.

  1. The defense medical exam cannot include any diagnostic tests or medical procedures that are considered protracted, painful, or intrusive; and,
  2. The defense medical exam location must be within 75 miles of the person’s residence or location.

If the defendant in your personal injury lawsuit requests a defense medical exam, you must be served with notice of the exam at least 30 days prior to the date of the exam and the notice must provide details regarding the physician performing the exam, including the physician’s license information and medical specialty. The notice must also provide information regarding the scope and nature of the exam and information about how the exam is to be conducted.

By law, you have the right to contest the defense medical exam. You must submit a written consent to undergo the exam; consent to undergo the exam only if certain modifications are made; or, your refusal to submit to the exam and the reasons for your refusal. If you dispute the request for a defense medical exam, a hearing will be held to hear the arguments for and against the exam before the judge makes a final ruling. It is very important that you understand your rights regarding a defense medical exam before you file a California personal injury lawsuit.

Understand Your Rights Regarding a Defense Medical Exam

Even though the opposing party requests a defense medical exam, you still have certain rights. If those rights are violated, you may be entitled to relief from the court.

Contact Tiemann Law Firm to discuss your personal injury claim and a request for a defense medical exam. We can walk you through the procedure of filing a personal injury claim regarding your accident and ensure that your rights are protected throughout the process.

Contact us online or call our toll free number at (916) 999-9000 to schedule a free consultation. We want to help you seek justice from the party responsible for your injuries.

Client Testimonials

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.