Being injured in an accident is a difficult experience. Waking up each day with pain or a disability and being unable to work can take a serious toll on a person. This difficulty is made even worse when accident victims are unable to obtain compensation for their injuries. While many may think obtaining the money they deserve for their injuries is a straightforward process, it is anything but that. Insurance defense lawyers are the foot soldiers in the battle to deny injured victims their compensation, and these tactics are their favorite weapons.
1) Injuries were preexisting or not caused by your accident.
This is the favorite defense of the insurance company unwilling to pay. Insurance company lawyers will subpoena your past medical history looking for any hint of a prior injury. They will attempt to go back as far as possible to find anything they can point to argue that your injury is not new and therefore not caused by the accident you are suing over.
This tactic is almost always assisted by the Defense Medical Expert. These doctors are often paid several hundred thousand dollars a year by the insurance companies and their attorneys. They almost invariably testify that the accident victim’s injuries are nonexistent, not severe, or exaggerated.
2) Comparative negligence (it was all your or somebody else’s fault).
Florida’s Comparative Fault Statute requires that fault be apportioned to all parties. In other words, this means that a jury verdict must include the percentage of fault of each party who may be responsible. For example if three people are responsible for an accident the jury must decide what percentage of responsibility each of them have for the accident e.g.:
Plaintiff 1 = 30%
Defendant 1 = 50%
Defendant 2 = 20%
Insurance companies know that each percentage of fault placed on someone else reduces the amount they have to pay. In the example above, assuming a jury awarded $100,000 in damages, the Insurance company for Defendant 1 would only be responsible for paying $50,000. Knowing this, an insurance company’s attorney will do everything possible to lay the blame on the injured victim or any other allegedly responsible party to reduce the risk of having to pay an award.
3) The injured victim is lying or exaggerating injuries.
Unfortunately, insurance companies will not hesitate to hire investigators to follow you around and film an injured victim during their private moments. In Florida an insurance companies attorney is even permitted to stalk an accident victim’s social media accounts such as Facebook and Instagram without their knowledge. Insurance companies often retain the services of large private investigation firms to dig up as much dirt on accident victims as possible. In many cases investigators will be hired to follow the injured person to attempt to capture footage which the insurance company can use to claim that the person is not injured. Fortunately, the State of Florida has now passed laws making it more difficult for private investigators to track vehicles.
If you or a loved one has recently been a victim of an injury, you may be entitled to monetary compensation. Florida Legal has extensive experience handling claims of injured victims and knows what it takes to be successful on behalf of their clients.
Call 305-901-2209 or visit our website at www.floridalegal.law to schedule a free consultation with us today.