Legal Process
A Liability IME allows the defense to have its chosen doctor examine your claimed injuries. Learn what to expect, how to prepare, and what the examination may mean for your personal injury case.
If you have a Long Island personal injury lawsuit, there is a good chance that at some point you will be scheduled for what everyone calls a Liability IME. It is one of the final steps before your case is ready for trial and, in many cases, it is the last major piece of discovery before meaningful settlement negotiations begin.
Over the years, I have prepared hundreds of clients for these examinations. One thing I always explain is that despite what everyone calls it, this is not truly an independent medical examination. In fact, I think the name itself is misleading.
I prefer to call it the defendant’s expert medical examination. That description is much more accurate because the doctor examining you has been hired by the defense or its insurance company for purposes of your lawsuit.
Clients often ask me why the insurance company gets to pick the doctor in the first place. The answer comes down to CPLR 3121, New York’s rule governing physical and mental examinations in litigation. Once you file a lawsuit claiming an injury, you put your physical or mental condition in controversy, and that rule allows the defendant to request an examination by a doctor of its choosing. It is a trade-off built into the litigation process. You are asking a jury to compensate you for an injury, and the law gives the other side a chance to have its own doctor look at that injury before trial.
A defendant has the right to have you examined by a physician of its choosing. The doctor is usually a specialist in the area relating to your injuries and the examination generally occurs during discovery after medical records have been exchanged.
The specialty depends on the injury. If you herniated a disc in a car accident, the defense usually sends you to an orthopedic surgeon or a neurologist. If you are claiming a traumatic brain injury, expect a neurologist or neuropsychologist. Psychological injury claims are often examined by a psychiatrist. In my experience, the exam itself is usually short. The doctor reviews your history, asks a series of questions about your symptoms and treatment, and performs a physical or cognitive examination that tests range of motion, strength, reflexes, or memory, depending on the claim. Most of these appointments are over within ten minutes, even though you may sit in a waiting room far longer than that.
No-Fault, Workers’ Compensation, and Liability examinations each serve a different purpose
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01
PIP Benefits
No-Fault IME Purpose: Decides whether your insurer keeps paying for treatment
Tied To: Your car accident insurance claim
Timing: Happens early, sometimes more than once
A bad result can cut off your No-Fault benefits
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02
Disability Status
Workers’ Comp IME Purpose: Evaluates your disability and ability to return to work
Tied To: Your workers’ compensation case
Timing: Periodic, tied to ongoing comp proceedings
Can affect eligibility for continued benefits
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03
Your Lawsuit
Liability IME Purpose: Gives the defense its own expert opinion on your damages
Tied To: Your personal injury lawsuit
Timing: Generally once, usually after your deposition
Becomes one piece of evidence weighed at trial
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In most cases, the defendant’s medical examination occurs after your deposition. If you are unfamiliar with that process, I recommend reading my article on what happens during your Examination Before Trial (EBT) because it explains the stage of the lawsuit that immediately precedes this examination.
There is a strategic reason for this order. Your deposition locks in your sworn testimony about how the accident happened, what body parts were hurt, how your injuries have affected your daily life, and what treatment you have received. Defense counsel often reviews that testimony before scheduling the examination so the defense doctor knows exactly what you have claimed under oath. That way, if the doctor’s findings differ from your testimony or from your medical records, the defense has ammunition to challenge your credibility or the extent of your damages at trial.
| 1 | Lawsuit Filed & Records Exchanged
Your case is commenced and both sides exchange medical records and bills of particulars. |
| 2 | Your Deposition (EBT)
You testify under oath about the accident, your injuries, and your treatment. |
| 3 | Liability IME – You Are Here
The defense’s chosen doctor examines you and prepares a report on your claimed injuries. |
| 4 | Report Exchanged
The defense turns over the doctor’s findings, clarifying what remains in dispute. |
| 5 | Certified for Trial
A note of issue is filed and the case is placed on the trial calendar. |
| 6 | Settlement or Trial
Serious negotiations often begin here, though some cases proceed to trial. |
The physician is selected and paid by the defendant or its insurance company. If your case proceeds to trial, that physician will often testify as the defendant’s medical expert. That is why I prefer calling it the defendant’s expert medical examination.
Many of these doctors perform hundreds of these examinations every year for insurance companies and defense firms. That is not necessarily improper, but it is worth understanding. A physician who earns a significant portion of income from examination work for the defense bar has a different relationship with the case than your own treating doctor, who saw you because you were hurt and needed care. Juries are entitled to know about that relationship, and I always pint that out.
Although these examinations often feel the same and are frequently performed by the same network of physicians, they serve a different purpose. A No-Fault or Workers’ Compensation IME addresses benefits. A defendant’s medical examination is used to challenge the damages claimed in your lawsuit.
A No-Fault IME is authorized under New York’s no-fault insurance regulations and is tied to your PIP benefits after a car accident. It typically happens early, sometimes more than once, to decide whether your insurance company will keep paying for treatment. A Workers’ Compensation IME evaluates your disability status and ability to return to work under the comp system. A Liability IME is different. It happens within your personal injury lawsuit, generally only once, and its purpose is narrower: to give the defense its own expert opinion on your injuries, your prognosis, and whether your damages claim is supported by objective findings. The stakes are different too. A poor No-Fault IME can cut off your benefits. A poor Liability IME becomes evidence a jury weighs alongside everything else in your case.
Tell the truth. Listen carefully to each question. Answer only what is asked. Do not exaggerate your symptoms, but do not minimize them either. By the time you attend this examination, your medical records have been exchanged and your treating physicians have already documented your injuries.
A few practical points I share with every client before this exam:
I tell my clients that consistency matters more than anything else. If your deposition testimony, your medical records, and this examination all describe the same limitations, that consistency is powerful evidence. If they conflict, even innocently, the defense will use that conflict against you.
Steven Palermo
I have read countless reports from defense experts. Some are fair. Some are not. I have also seen reports that minimize injuries or reach skeptical conclusions. Fortunately, we rely on the physicians who have actually treated you. In my experience, juries often recognize the difference between a treating doctor and someone who examined you once for litigation.
Part of my job before trial is knowing the examining doctor’s history. Many of these physicians have testified in dozens or hundreds of prior cases, and their past reports and testimony are often available to us. If a doctor has a pattern of reaching the same conclusion in nearly every case regardless of the injury, that pattern can be brought out on cross-examination. It is one of the reasons I do not want clients losing sleep over a single appointment. One report rarely wins or loses a case by itself.
Yes. After the examination, the defense generally must exchange the doctor’s report. It gives both sides a clearer picture of the medical issues that remain in dispute and often helps shape settlement discussions or trial preparation.
If the report reaches conclusions we disagree with, we do not simply accept it. We can go back to your treating physicians for a rebuttal opinion, address the findings during your trial testimony, or cross-examine the defense doctor about the basis for the conclusions, including how much the doctor was paid for the examination and the report. In many cases, the defense doctor’s opinion is far more vulnerable than it first appears once we dig into the details.
In many of our Long Island car accident cases, this examination is one of the final pieces of discovery. Once it is complete, the insurance company has your testimony, medical records, and its own expert’s opinions. That is often when meaningful negotiations begin.
Insurance adjusters and defense attorneys evaluate cases differently once every piece of discovery is in. Before the Liability IME, there is often still uncertainty about how the defense will characterize your injuries. After it, both sides generally know the full picture: your testimony, your treatment records, and the defense’s own medical opinion. That clarity is often what pushes a case toward a serious settlement conversation, because the guesswork has been removed.
Once discovery is complete, the case is generally certified for trial by filing a note of issue and certificate of readiness. That does not mean you receive an immediate trial date. Depending on the court, there may be a significant wait while the case moves through the trial calendar.
In Nassau and Suffolk Counties, it is common for a certified case to wait months, sometimes longer, before it reaches an actual trial date. During that time, many cases resolve through settlement conferences, mediation, or direct negotiation between counsel. Others proceed to trial. Either way, once the Liability IME is behind you, your case has entered its final stretch, and the strategy shifts from building the record to preparing for resolution.
I have no issue with defendants obtaining their own medical opinion. That is part of our legal system. What I object to is calling the examination independent. The doctor is selected by the defendant, paid by the defendant, and may testify for the defendant. That is why I will continue referring to it as the defendant’s expert medical examination. I’ve never been concerned that my client had to attend one of these examinations. If your injuries are legitimate, your treating doctors know your condition, and your case has been properly prepared, one brief examination by the defense expert is rarely what determines the outcome. My job, and my team’s job at Palermo Law, is to make sure that preparation happens well before you ever walk into that doctor’s office.
A Liability IME, often called a defendant's medical examination, is an evaluation requested by the defendant during your personal injury lawsuit. The defense selects and pays the examining doctor, who reviews your injuries and may later testify at trial. It typically follows your deposition once medical records have been exchanged.
No. Despite the common name, the doctor is neither neutral nor court-appointed. The defendant or its insurance company selects and pays the examining physician, who often testifies for the defense at trial. That relationship is why many attorneys, including our firm, prefer the term defendant's expert medical examination.
A Liability IME typically occurs after your deposition, once medical records have been exchanged between both sides. It usually comes near the end of discovery, shortly before your case is certified for trial. Scheduling depends on court deadlines and how quickly the defense reviews your testimony and treatment records.
Most Liability IME appointments are brief, often between ten and thirty minutes of actual examination time, even though waiting room time can run longer. The doctor typically reviews your history, asks about your symptoms and treatment, and performs a focused physical or cognitive exam related to your claimed injuries.
Generally, your attorney will not attend the examination itself, since New York courts do not usually permit third parties inside the exam room. Instead, your attorney will thoroughly prepare you beforehand, explain what to expect, and carefully review the doctor's report afterward to identify inconsistencies or grounds for challenge.
Yes. Defense doctors frequently reach conclusions that differ from your treating physicians, since they are retained by the defense and often see you only once. Those disagreements are common and can be challenged through cross-examination, rebuttal opinions from your own doctors, and your consistent testimony and treatment history.
No. A single Liability IME report is only one piece of evidence among many, including your medical records, deposition testimony, and treating physicians' opinions. Juries often give more weight to doctors who actually treated you over an examiner who saw you once for litigation purposes rather than ongoing care.
Not immediately, but it usually signals that discovery is nearing completion. Once the Liability IME and its report are finished, the case is often ready for certification for trial, and both sides typically have enough information to begin serious settlement discussions or prepare for a trial date.
Many cases move into serious settlement negotiations after the Liability IME, since both sides then have your testimony, medical records, and the defense's own expert opinion in hand. Some cases still proceed to trial, particularly when there are real disputes about injury severity, causation, or the value of damages.
Be honest, polite, and answer only the questions asked without volunteering unnecessary details or discussing the accident's facts or your legal strategy. Describe your current symptoms accurately, avoid exaggeration or minimization, and remain consistent with your deposition testimony and medical records throughout the appointment.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.
