Joint medico-legal assessments
During a common law damages claim, you may be asked to see medical specialists for further assessment or to provide additional information.
What is a medico-legal assessment?
A medico-legal assessment involves an examination by a qualified health practitioner who will prepare a report about the extent of your injuries. That report will be used to assist in making decisions about your common law damages claim.
Independent assessments can be arranged separately by the insurer or your lawyer, or the insurer and your lawyer can agree to jointly instruct a health practitioner to conduct a joint assessment.
If the insurer requests that you undergo a medical examination, you are required to comply unless the request is unreasonable, unnecessarily repetitious or dangerous.
Joint assessments
Attending multiple assessments may make the claims process stressful. Joint assessments are one way to minimise the number of assessments you are required to attend and may assist in reducing stress and cause less disruption to your recovery, treatment, return to work and/or other pre-injury activities.
Insurers and legal representatives are required to use their best endeavours to agree to a joint assessment, taking into account your individual circumstances and preferences, to minimise the number of assessments that you are required to attend.
How can I request a joint assessment?
You should contact your lawyer to discuss your circumstances and preferences.
More information
SIRA has developed Guidance material to assist insurers and legal representatives reach agreement to a joint assessment. The Guidance has been developed through consultation with key stakeholders including insurers, legal representatives and health practitioners working in the scheme:
- Guidance to Joint Medical or Other Health-Related Assessments in the CTP Scheme sets out an approach to support insurers and lawyers reach agreement to a joint assessment.
- Joint assessment flowchart
- Motor Accident Guidelines set out requirements for insurers and lawyers relating to joint assessments
- Contact your lawyer or your CTP insurer case manager to discuss.