Defense Tactics Used by
They Pay the Same Doctors Over and Over to Testify Against Accident Victims
Insurance companies have a stable of defense doctors. They often call upon Dr. Shim, Dr. Rosenbach, Dr. Shahnasarian, Dr. Vanderploeg and other Florida doctors to testify the victim received injuries so minor that they went away in 90 days. They testify the continued medical treatment required for caring for the patient was reasonable and necessary but unrelated to the crash.
Think of how ludicrous this statement is: the injured person is slammed into by another 4,000- to 6,000-pound vehicle, yet the defense doctors always say the injuries were so minor they went away in 90 days. This happens in every case.
They Claim Your Ongoing Pain Has Another Source
The defense scours every medical record of the injured person to find any neck, back, head, shoulder or knee complaint in his/her prior medical history. No matter how many years ago this complaint was documented, the defense attorney and defense doctors will home in on this particular record.
In other words, they will say the injured person was already hurt before this crash. In addition to claiming any accident-related injuries went away in 90 days, the defense doctor will also say all the victim’s medical treatment after that point was merely coincidental. The defense will claim those additional treatments would’ve been needed whether or not the crash occurred because of the previous medical complaint. They say the same thing in every case! The truth is many of us have reported pain in various parts of our body over the course of our lifetime. That does not mean we experience that pain currently; some of these things go away.
They Use Flawed Logic
The defense doctor says the victim’s injuries went away 90 days after a serious car crash. Yet, why doesn’t he also say any reported injuries in prior medical records (that don’t continue all the way up until the date of the crash) must have gone away as well? If the reported pain in the victim’s medical records were years or months before the crash and never reported again for many years before the crash, doesn’t it only make sense that the pain in those areas must have gone away?
Few people have spotless records of “no injuries” or “no pain” to any part of their body throughout the course of their lifetime. Even in the cases where victims have absolutely never reported pain in their past, the defense still finds a means of attack. They reason if a victim is over 20 years old, then he is subject to degenerative natural aging processes. Therefore, it is not unusual for people 30 to 60 years old to need psychological help from a brain injury or need spine surgeries simply because they are getting old.
I have seen defense lawyers who note nothing was found in the victim’s prior medical records for the neck, back or shoulder. Despite this, they still leave the impression something else must have happened other than the horrific crash to cause the victim’s injuries. Believe it or not, some juries actually end up believing this hogwash.
The Laws Designed to Protect Insurance Companies Leave Juries in the Dark
In one case I tried, the defense brought in a sweet woman close to 70 years old to sit at their table. They introduced her as a “corporate representative” of the company being sued. The truth was she knew nothing about the crash and was not even an employee of the company. The judge did not allow me to question her in front of the jury or tell the jury who she was. Consequently, the jury likely believed any verdict it decided would’ve been entered against this sweet older lady instead of the defendant company – which is covered by a lot of insurance.
No lawyer in his or her right mind would bring a case against an individual or corporation where there is not adequate insurance to cover the claim. Certainly, I have never brought a lawsuit against a person or corporation when they did not have adequate insurance. Florida’s Non-Joinder Statute does not allow disclosure of the amount of insurance available for the victim to recover to the jury. The defendant’s lawyers, who are appointed by the insurance company, can claim a verdict against their clients would be devastating. The truth is neither the individual nor the corporation will ever pay a dime. This is just another insurance trick to avoid paying what they rightfully owe.
The Power of the Jury
Other than serving our country in the military, serving on a jury is the second most important role any citizen of the United States can have. The position of individuals in the jury is one of tremendous power, as it allows regular people to make decisions and determine the fate of another.