Rule 35 Medical Exams Explained: What Injury Victims Need to Know
If you are involved in a personal injury lawsuit, you may be required to attend a Rule 35 medical exam. For many people, this request raises questions and concerns—especially when you are already dealing with injuries, medical treatment, and the stress of litigation.
This guide explains what a Rule 35 medical exam is, why it is required, what happens during the exam, and how to approach it responsibly so your personal injury case is not negatively affected.
What Is a Rule 35 Medical Exam?
A Rule 35 medical exam is a medical evaluation requested by the opposing party in a personal injury lawsuit, usually the defendant or their insurance company. The rule comes from civil procedure laws that allow a party to request a physical or mental examination when a person’s medical condition is a central issue in the case.
If you are claiming injuries and damages, the defense has the legal right to have you examined by a doctor of their choosing.
These exams are sometimes called Independent Medical Exams (IMEs), but that term can be misleading. The doctor is not independent in the traditional sense—they are hired and paid by the defense or the insurance company.
Why Does the Defense Request a Rule 35 Exam?
Rule 35 exams allow the defense to gather medical evidence to support their position. Insurance companies often use these exams to:
Question the severity of injuries
Dispute whether the accident caused the injury
Minimize ongoing symptoms
Suggest exaggeration or inconsistency
While the exam is required by law, it is not meant to diagnose or treat you. The doctor’s role is to evaluate your condition and issue a report that may later be used in settlement negotiations or at trial.
What Happens Before a Rule 35 Medical Exam?
Before the exam, you may be asked to complete a medical history questionnaire. This form often requests information about:
Prior injuries or accidents
Pre-existing medical conditions
Past and current symptoms
Medications and treatment history
Your attorney should review this paperwork with you before the exam. Accuracy matters. Any inconsistencies between your questionnaire, medical records, and testimony can be used to challenge your credibility later.
What Happens During a Rule 35 Medical Exam?
Most Rule 35 exams last about one hour, though some may be shorter or longer depending on the circumstances.
Medical History and Interview
The majority of the exam involves a question-and-answer session with the doctor. You can expect questions about:
Your medical history
The accident or incident that caused your injury
Prior or subsequent injuries
Your current symptoms and limitations
You are required to tell the truth and provide a complete medical history. This portion of the exam is similar in importance to a deposition.
Physical Examination
After the interview, the doctor will perform a physical examination focused on the injured area. In many cases, this involves orthopedic testing related to:
Neck and back injuries
Range of motion
Reflexes
Strength and flexibility
Doctors often evaluate whether pain occurs during specific movements and whether that pain is localized or radiating.
Neuropsychological Rule 35 Exams
In some cases, the defense may request a neuropsychological Rule 35 exam, particularly when claims involve:
Traumatic brain injuries
Cognitive impairment
Emotional or psychological symptoms
These exams are more extensive and may last most of the day. They often include memory testing, cognitive assessments, and psychological evaluations. If you are scheduled for this type of exam, you should meet with your attorney beforehand to understand what to expect.
Why Credibility Matters in a Rule 35 Exam
Credibility is one of the most important factors in a Rule 35 medical exam.
Defense doctors are trained to look for signs of exaggeration or inconsistency. Some use screening tools such as Waddell’s signs, which are designed to identify non-organic pain behaviors.
A report stating that an injured person is exaggerating or being dishonest can be extremely damaging to a personal injury case. While attorneys can often challenge unfavorable medical opinions, it is very difficult to overcome a finding that a claimant is not credible.
How to Communicate Symptoms Clearly and Accurately
Being honest does not mean minimizing your injuries—but it also does not mean exaggerating them.
When a doctor asks whether something causes pain:
Describe what you feel
Explain where you feel it
State whether the pain radiates or travels
For example, if pressure on your neck causes pain that travels down your spine or into your arms, that detail is medically important. Clear and factual communication helps ensure your symptoms are accurately documented.
At the same time:
Do not dramatize reactions
Do not exaggerate severity
Do not understate or overstate symptoms
Consistency and accuracy are key.
Can a Rule 35 Exam Help Your Case?
Although defense doctors are often expected to support the insurance company’s position, that is not always the result. A consistent, credible, and well-documented exam can sometimes support injury claims.
Even when a report is unfavorable, experienced attorneys know how to address bias and challenge flawed conclusions. What cannot easily be fixed is a finding that the injured person was dishonest or inconsistent.
Final Thoughts on Rule 35 Medical Exams
A Rule 35 medical exam is a legal requirement, not a medical appointment designed to treat your injuries. The best way to approach it is to:
Be honest and accurate
Clearly describe your symptoms
Avoid exaggeration
Doing so gives your case the strongest possible foundation.
At McMullin Injury Law, we guide injury victims through every step of the litigation process—including Rule 35 exams—so they can move forward informed and confident. Contact us today for a free consultations, and help getting your questions answered.
