Defense Physical Examination in a Personal Injury case
Under Court Rules, the defendant's insurance company can require an injured person to undergo a defense examination. Therefore, you must appear to be examined by the defendant's insurance company's doctor.
Under Court Rules, if you fail to appear for the exam or fail to cancel and reschedule prior to the exam date, you personally can be held responsible for a missed appearance fee of up to $125.00. This is your only notice of the exam. After making the appointment and before going to see the doctor, we suggest that you come into your attorney's office to watch a video tape prior to the examination. An appointment is necessary.
RULE 4:19. PHYSICAL AND MENTAL EXAMINATION OF PERSONS
In an action in which a claim is asserted by a party for personal injuries or in which the mental or physical condition of a party is in controversy, the adverse party may require the party whose physical or mental condition is in controversy to submit to a physical or mental examination by a medical or other expert by serving upon that party a notice stating with specificity when, where, and by whom the examination will be conducted and advising, to the extent practicable, as to the nature of the examination and any proposed tests. The time for the examination stated in the notice shall not be scheduled to take place prior to 45 days following the service of the notice, and a party who receives such notice and who seeks a protective order shall file a motion therefor, returnable within said 45-day period. The court may, on motion pursuant to R. 4:23-5, dismiss the pleading of a party who fails to submit to the examination, to timely move for a protective order, or to reschedule the date of and submit to the examination within a reasonable time following the originally scheduled date. A court order shall, however, be required for a reexamination by the adverse party's expert if the examined party does not consent thereto. This rule shall be applicable to all actions, whenever commenced, in which a physica
