What Is a CR 35 Medical Exam in a Washington Injury Case?

In a Washington injury case, you may be ordered to undergo a CR 35 exam at the request of the opposing party. The results of this exam can significantly affect your claim and, in some cases, make it more difficult to recover damages.

Understanding how a CR 35 medical exam may impact your case, and speaking with a Washington personal injury lawyer, can help you protect your rights and pursue the compensation you may be entitled to.

What is a CR 35 medical exam?

A CR 35 medical exam is a court-authorized physical or mental examination conducted under Washington Civil Rule 35, either by court order or by agreement of the parties, to allow the evaluation of alleged injuries for purposes of litigation.

For example, if you are in a car accident and sustain a concussion, the other party may ask the court to order a CR 35 exam, or the parties may agree to one. The exam is performed by a physician or psychologist identified in the CR 35 order, often chosen by the party requesting the exam, and is typically not your treating provider. It may involve cognitive testing that the opposing party may later use to challenge the severity of your injuries or the extent of your claimed limitations.

In some personal injury cases, a CR 35 exam may be requested when a party places their physical or mental condition at issue in the lawsuit, and the court finds good cause to require an examination. Although CR 35 exams are common, their results can influence settlement negotiations, litigation strategy, and ultimately the outcome of the case.

How is a CR 35 medical exam used in litigation?

A CR 35 medical exam is used in personal injury litigation to:

• Evaluate the injuries you sustained, including their validity and scope. For example, if you sustained a broken leg after slipping and falling, your CR 35 medical exam may involve an X-ray and mobility test that is meant to verify your injury.
• Find inconsistencies between your claims and the symptoms you are experiencing. If you sustained a concussion, interactions between you and the doctor performing this exam could be used as evidence against your claims.
• Create evidence that the other party may use to challenge your claims. If you sustained a spinal injury after being hit by a car, the tests you undergo could suggest that this injury is less serious than you claim, which could affect settlement negotiations.

What are your rights during the CR 35 medical exam process?

You have rights during the CR 35 medical exam process. Many of these rights are contingent on the conditions that must be satisfied for the exam to be ordered, including:

• You can only be compelled to undergo a CR 35 medical exam by court order. Exams conducted solely by agreement between the parties are voluntary and not compelled by the court.
• You can only be forced to undergo a CR 35 medical exam if there is “good cause” that supports the need for this exam.
• You must be made aware of the independent doctor performing this exam, as well as the time, place, conditions, and scope of this exam.
• You may be permitted to bring a representative if allowed by court order or agreement between the parties.
• You may be allowed to record the exam if permitted by court order or agreement between the parties.
• You are entitled to receive the examiner’s written report upon request, subject to discovery rules and any scheduling orders entered by the court.

A personal injury lawyer can help you exercise these rights and use them to pursue the compensation you may be entitled to.

How can you protect your claim from biased or misleading CR 35 medical exam findings?

To protect your personal injury claim from biased or misleading CR 35 medical exam findings, you may want to do the following:

• Work with a personal injury lawyer who knows how to navigate the CR 35 medical exam process.
• Gather all of the medical records associated with your injury, as well as the case itself.
• Ask your personal injury lawyer to negotiate favorable stipulations for your CR 35 medical exam.
• Describe your symptoms and injury truthfully, with no exaggerations or fabrications.
• Take notes during the exam, especially if you have any questions or concerns.
• Be polite to the medical examiner and to anyone else involved in the examination.
• Refuse to do anything beyond the terms stipulated beforehand.
• Record the exam in whatever medium has been authorized, and give this recording to your lawyer.

Outside of the points clarified above, there is one more thing to remember: the findings of your CR 35 medical exam are never final. These findings are often used by the other party to challenge your claims. You can counter them by:

• Hiring your own medical examiner and having them perform a separate medical examination.
• Using the findings of this separate medical exam to contest the findings of your CR 35 medical exam.
• Developing a symptom journal that goes over your day-to-day injury symptoms.
• Using prior medical records to question the findings of your CR 35 medical exam.
• Hiring a personal injury lawyer who can defend your claims.

Work with a Washington personal injury lawyer

You may be able to obtain compensation if someone else’s negligence led to you sustaining an injury. In Washington, this is true, even if you were partially at fault for the incident that led to that injury.

You can use this contact form to work with one of our Washington personal injury lawyers. At Smith McBroom Injury and Accident Lawyers, we are ready to help you pursue the personal injury compensation you may be entitled to.