Independent Medical Examinations for Personal Injury Claims

August 27, 2025

If you’re involved in a personal injury case here in Nova Scotia, you might be told that you need to attend an Independent Medical Examination (IME). Don’t worry, it’s a common part of the process, and we’re here to help guide you through it. Admittedly for many personal injury victims, the process can feel unfamiliar and a bit intimidating at first. However, when you understand how it works and how to prepare, it can really make a positive difference.

Whether the incident results from a motor vehicle accident, a slip on an icy Halifax sidewalk, or a workplace injury, an IME can impact everything from accident benefits to settlement talks. It’s more than just another appointment. Keep in mind that the results of this assessment can influence liability determinations, the extent of the injuries, and even the tone of court proceedings. Let’s take a closer look.

Independent Medical Examination Personal Injury – Key Facts for Nova Scotia Claimants

During the assessment, the examiner typically follows a set procedure to ensure fairness and consistency. An IME is basically an evaluation requested by an insurance company, defence lawyer, or sometimes ordered by the court in a personal injury lawsuit.

Learn more about how insurance companies may arrange these assessments under accident benefits in our guide: Section B Benefits and How Can They Help You After an Accident.

The purpose is to have a neutral medical professional assess the injured person’s condition and provide treatment recommendations, prognosis, and an opinion on the connection between the injuries and the accident.

In Nova Scotia, insurance companies often choose the medical professional. This examiner is not your treating doctor and does not have a pre-existing relationship with you.

How Medical Records Affect Your IME Outcome

It goes without saying that medical records are the foundation of any IME. They document the plaintiff’s injuries, treatments, and responses over time. A thorough review of these records can help the IME doctor assess whether your injuries are consistent with the reported accident.

If you have sustained a traumatic brain injury, a minor injury, or a complex fracture, your records provide the factual base to support your compensation request. Gaps or inconsistencies can weaken your position, so gathering complete records before the IME is crucial.

Medical Practitioners Who May Conduct Your Examination

Different personal injury matters call for different evaluators. In Nova Scotia, IMEs are performed by:

• Orthopaedic surgeons for bone, joint, and soft tissue injuries. An orthopaedic surgeon, for example, may be asked to assess the long-term effects of a knee injury from a motor vehicle accident.
• Neurologists for head, nerve, and traumatic brain injury assessments. They might be brought in for a concussion case where memory loss and cognitive challenges affect the injured person’s work capacity.
• Occupational therapists for evaluating how injuries affect daily living and the ability to work.
• Other medical practitioners with expertise relevant to the circumstances of the injury.

Each medical specialist will approach the assessment from their field of expertise but will still be asked to address the central questions of causation, prognosis, and treatment. The injured person needs to approach the IME prepared, honest, and ready to explain their symptoms and limitations clearly.

Independent Medical Examinations Following a Motor Vehicle Accident

In motor vehicle accident cases, IMEs often determine whether an injury meets the threshold for compensation under Nova Scotia law. To see how these thresholds are applied in real cases, read Understanding the Minor Injury Cap. The examiner may decide if the injury is classified as a minor injury or if it warrants benefits and/or compensation beyond that level.

This can directly affect the injured party’s ability to seek compensation for ongoing treatment, loss of income, and other damages.

What Happens During the Medical Exam Process

The IME process is usually straightforward, but being prepared makes a difference. You can expect:

1. Interview: The examiner will ask about your medical history, accident details, symptoms, and treatment progress.
2. Physical examination: This may involve movement tests, strength measurements, memory and other physical or cognitive tests tailored to the injury.
3. Assessment of daily living: The examiner may ask about your ability to work, perform household tasks, or engage in hobbies.
4. Review of medical records: Prior injuries, test results, and treatment notes will be examined to assess consistency and accuracy.

The Role of Independent Medical Examinations in Personal Injury Claims

An IME can affect every stage of a personal injury lawsuit. The findings may influence the insurance company’s liability stance, shape treatment recommendations, and guide settlement negotiations.

Courts also rely on IMEs when there’s conflicting medical evidence. In some cases, the Supreme Court of Nova Scotia may give significant weight to IME findings when determining fault, and awarding damages for pain and suffering, future loss of income/earning capacity and future care costs.

Understanding Your IME Report and Its Impact on Your Claim

Once completed, the IME doctor prepares a detailed medical report. This document covers the physical exam results, medical history review, diagnosis, treatment recommendations, and prognosis.

The report is initially sent to the party who requested the IME, often the insurance company or their legal counsel. The content can play a decisive role in settlement negotiations, particularly if it supports or undermines key aspects of the plaintiff’s case.

What Will Happen If I Don’t Attend an IME?

Failing to attend without a valid reason can have serious consequences. The court may interpret the absence as a lack of cooperation. The insurance company may suspend accident benefits, and the defendant could argue that the plaintiff is withholding evidence.

If you have a scheduling conflict or a medical reason that prevents you from attending, please inform your legal counsel immediately so they can arrange an alternative date.

Common Challenges in Personal Injury Claims

Even with a strong medical report in your favour, challenges can arise. The insurance company may dispute that examiner’s findings, or the defendant may produce their evidence. Disagreements over treatment, assessment methods, or the credibility of medical practitioners are common.

In some cases, the circumstances surrounding the injury (such as a previous relationship between the injured person and a treating doctor) may be raised in court. Your legal counsel’s role is to address these issues, protect your rights, and pursue fair compensation.

Contact Our Nova Scotia Personal Injury Lawyer for a Consultation

To recap, if you’ve been asked to attend an Independent Medical Examination for Personal Injury Claims, preparation is essential. Our team can help you understand the process, gather evidence, and address any concerns about the IME doctor or the insurance company’s approach.

Contact us today for a free consultation to discuss your personal injury matter. We’ll help you assess your options, answer your questions, and position your legal claim for the strongest possible outcome.