Be Ready: The Insurance Company Will Try to Argue That Your Injuries Were Caused by Something Else

If you’ve been hurt because of someone else’s negligence, it only seems fair that the responsible person should do something to make up for the harm you’ve experienced. Ideally, that person would undo all the damage, give you back the time you’ve lost from your life, and erase the suffering you’ve endured.

But obviously, that can’t happen. Most of the time, all the person responsible can do is pay compensation to cover your expenses and provide a small amount of justice for your anguish. And realistically, it is almost never the person who hurt you who ends up paying compensation after a car accident, slip and fall, dog bite, or other incident. Instead, it is that person’s insurance company.

The insurance companies are the archenemies of experienced personal injury lawyers like us. We know their weaknesses. But we also know that if they catch us (or our clients) off guard, they can be very dangerous.

They like to win almost as much as we do, and, like us, they spend all of their time trying to do just that. So, regardless of which injury law firm you’re working with—and particularly if you don’t have an attorney yet—we want you to be aware that the insurance company will try every tactic known in the legal world to try to avoid paying you fair compensation for your injuries.

One tactic that often takes victims by surprise is the lengths insurance companies will go to prove that your injuries were due to something besides the accident. If you’re not prepared, this argument can prevent you from recovering the full amount you should receive, and it could block your recovery completely.

Your Attorney Needs to Prove Every Element of Negligence, No Matter How Badly You are Hurt

To understand why this tactic by insurance companies unfortunately succeeds so often, you need to realize that in every accident case, even the ones that settle out of court, the legal team of the accident victim needs to be prepared to prove all four elements of a negligence claim. In general terms, you need evidence to prove:

• Number One: That the person you’re seeking compensation from had a duty to do something to protect the victim from harm. For instance, trucking companies have an obligation to ensure that the equipment they put on the roads is safe and operated by drivers with appropriate training. That duty is owed to everyone on the road, including drivers of other vehicles and pedestrians.
• Number Two: That the person you’re seeking compensation from didn’t fulfill that duty. In the example of the truck accident, the victim would need evidence that showed how the company didn’t meet reasonable standards for safe operation. The attorneys might uncover records that show that the trucking company skipped scheduled maintenance or sent out a driver with absolutely no experience or instruction.
• Number Three: That the failure to fulfill the duty is what actually caused the injuries. This involves two steps. You need to prove that the irresponsible action caused the accident, and that the accident was the reason the victim is suffering from injuries.
• Number Four: That the victim suffered the harm you’ve claimed in the case. This is usually proven with medical records and expert testimony about the long-term effects of injuries.

While any one of these four elements can be challenging to prove, the third element is often the most difficult. In our truck accident example, if the driver of the truck had lost control and hit a passenger vehicle, we might show that if the vehicle had been maintained properly and the driver had known how to handle it, then the accident would not have occurred. Then we would also need to show that if the accident had not occurred, the victim would not be suffering the injuries that they are now. Many people assume that would be obvious, but that is a risky assumption.

It is Essential to Get a Complete Medical Exam and Follow the Doctor’s Instructions

If you or a loved one suffered harm, such as traumatic brain injuries, in an accident, you need to prove that the injuries were caused by the accident before you can recover compensation. One of the most important ways you can gain evidence to support that assertion is to go to the doctor and get a thorough exam right after the accident. If you are not taken to the hospital in an ambulance, go on your own and tell the staff you’ve been in an accident. 

Some symptoms of head injuries and damage to internal organs don’t start to show up until later, as fluid builds up in the brain or other parts of the body. So if you start to notice new symptoms or your symptoms get worse, go back to the doctor. Each visit gives you more medical records that connect your injuries to the accident.

The longer you wait, and the more time that passes from the accident until your medical exam, the more chances you give the insurance company to argue that something you did after the accident is the true cause of your injuries.

It is also important to follow the instructions from your doctors. If they tell you to come back in three days, then do it. If they tell you to stay in bed, do it. Otherwise, the insurance company will insist that it was your actions that made your injuries so bad.

Advice and Representation from the Right Attorney Can Make All the Difference

From the moment an accident is reported, insurance companies are working to find ways to avoid paying compensation to accident victims. In addition to arguing that something else caused the injuries, they may try to trick the victim into saying something they can twist into an admission of liability. They pressure the victim to say and do things that reduce the value of the claim. And they are relentless. When you work with the right personal injury lawyer, your legal team can insulate you from the insurance company’s tactics and build the best case for a full recovery. For a free case evaluation to learn more about the help we could provide in your situation, call Michael M. Day Law Firm at 404-480-4284 or contact us online now.