When you get injured anywhere in Wisconsin, your financial and physical wellbeing can dissolve in the blink of an eye. Whether it’s being hit from the back by a commercial truck going past the speed limit on I-94, or being T-boned at the Marquette Interchange, the result is almost always catastrophic. You’re most likely going to have to be extracted from the scene via ambulance, and you’ll have to seek urgent medical care. While this may all sound like standard care from the get-go, nothing in the insurance world is ever standard. These are billion-dollar entities that got that way from rejecting claims or vastly undervaluing them. In such instances, the insurance company is known to have an independent medical examiner that is sensitive to their plight, and a physician who has been trained to write reports that lean heavily on the side of the insurance company. As someone who has suffered multiple fractures, a traumatic brain injury and even spinal cord injury, you would think that the insurance company, in concert with the Independent Medical Examiner, would do the right thing to make you whole because your injuries are apparent, and every day spent waiting for comprehensive treatment is one you cannot get back.

How Insurance Medical Examinations Can Affect Your Milwaukee Car Accident Claim

The claims department will assign a defense handle whose role is to carry out damage control. They may demand that you submit to a physical examination under Wis. Stat. § 804.10, whereby you will be carted off to a Milwaukee-area doctor that is known for writing these biased reports. The medical exam will last no more than 10 minutes, and then they will proceed to write a fabricated report where they will state your inures are pre-existing. What’s worse is that these adjusters are incentivized to do this, which usually ends up with your being left with both unpaid bills and a nebulous future. If you were injured in an auto accident anywhere in Milwaukee and the insurance company is telling you that you may have to submit to these medical exams, STOP and don’t sign anything until you read this post in its entirety so you can understand how pivotal legal rulings now entitle you to maximum compensation as an auto accident victim anywhere in Wisconsin. 

Are you looking for the best Milwaukee car accident attorney for your auto accident claim? Please call the experienced auto accident attorneys at McCready Law NOW at (314) 481-63338 to learn more about how we can help you obtain full financial compensation for your crash injuries. The experienced personal injury attorneys at McCready Law bring to the table combined experience spanning over 90 years where we have helped accident victims fight aggressive insurance companies with speed, efficiency, and reliability. To date, we have recovered over $500 million for our clients, and our proven track record in complex motor vehicle claims places us at a level that is unmatched in personal injury litigation. We take on cases on a contingency fee basis, and the first call to us is consulted on a 100% FREE basis.

Regardless of where your crash occurred in Milwaukee County, McCready Law can assist with your auto accident claim, and we will handle the entire legal and investigative process from start to finish so you can focus on healing while we pursue every available dollar. Need to speak to someone regarding the potential for a fast and efficient car accident recovery? Call us NOW at (314) 481-63338 to learn more about our legal services – our intake coordinator is standing by to route your call to one of our experienced attorneys.

Wisconsin Auto Accident Information – How to Defeat the Biased Defense Exam

What liability adjusters for the insurance company do not let you know is that you don’t have to go through this medical exam with no protection. Under Wisconsin jurisprudence, an insurance carrier cannot use a trumped-up medical report in order to shirk their statutory responsibilities. According to the landmark ruling in Whanger v. American Family Mut. Ins. Co. the Wisconsin Supreme Court recognized that trial courts have the discretion to place strict parameters or restrictions on these medical exams. 

Here are a few of the legal strategies we employ as a law firm to defeat the biased defense exam:

1. Securing of a Protective Order via Wis. Stat. § 804.01(3) – We preempt the isolation tactic by quickly filing a motion for a protective order prior to the authorization of the exam. We state that a neutral third party such as a trained paralegal or a registered nurse be there for the exam, and we may even go as far as securing a court order in order to allow the use of an audio recording device in order to monitor the conduct of the physician. 
2. Destruction of Fabricated “Waddell’s Signs” – Defense doctors will often use generic notes in medical reports just so they can be done with it and get paid, and they may even state you fakes pain responses. However, when the doctor later testifies under oath to these tests, we use the audio timestamp to prove that the exam lasted an embarrassing six minutes and that this was barely enough time for them to carry out comprehensive and factual medical exam. 
3. Employing Wisconsin’s Daubert Standards Against Them – Should we catch the defense physician lying about how they carried about your medical exam, we promptly move to file a Motion in Limine, and what this does is that it completely strikes their testimony. Removal of this fabricated report ensures that the liability carrier has no primary defense, which evens out the negotiation field that shall be strictly based off objective surgical pathology. 

Milwaukee Auto Accident Injury Lawyers – Call Us Today!

If you’ve been injured in a Milwaukee auto accident and are being asked to undergo an Independent Medical Exam in order to qualify for an insurance payout, DON’T DO IT. Call the best Wisconsin, Milwaukee car accident injury attorneys at McCready Law NOW at (314) 481-63338 so we can protect your right to fair compensation via the institution of timely legal strategy. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.