What Jurors Are Never Told

Attorneys are not allowed to inform the jurors how much insurance is available to compensate victims for their injuries.

If you have ever been the victim of a negligent driver, you know that you deal with the insurance company, and not the at-fault party directly. In fact, the at-fault party has very little, if any authority regarding negotiations and pre-trial settlements. In personal injury trials, it is the insurance company, not the at-fault party, that directs the defense.  A personal injury case goes to trial when the injured party and the insurance company are unable to agree on the monetary amount for damages. However, when the lawsuit is initially filed, the insurance company is omitted as a defendant, and the at-fault party is named instead. This is because insurance companies are protected under Florida’s Non-Joinder Statute, which prohibits attorneys from revealing to a jury that the defendant has insurance coverage, not to mention how much. This rule prevents the jury from knowing how much insurance coverage is available to compensate an injured party.

The intent behind this legislation is to protect insurance companies from potential jury bias. Unfortunately, the application can be misleading for a juror because it seems as though the plaintiff is suing a defendant personally. Oftentimes, insurance defense attorneys will play into this misconception and try to lead a jury to believe a plaintiff is suing the defendant for all they have when, in fact, there is adequate insurance and compensation available.  The reality is that this rule really just leaves jurors in the dark.

Insurance companies pay doctors a lot of money to get an opinion that support their defense.

Under Florida law, insurance companies are permitted to send you, the injured person, to a Compulsory Medical Examination (also known as a “CME”). The CME is performed by a doctor of the insurance company’s choosing, and often this doctor only sees you ONE time. While it may seem like a routine medical exam, that doctor is not actually your doctor. He or she is an expert witness for the defense and will ultimately testify against you in court. In fact, insurance companies often use the same doctors time and time again because they already know these particular doctors are well-versed in defense testimony and will support the insurance company’s position in court.

It should come as no surprise that insurance companies have deep pockets with all of the money they collect in insurance premiums month after month, year after year from hundreds of thousands of people all across the United States.   That very money is used to pay these CME doctors millions and millions of dollars for consistent opinions that will support the insurance company’s view. Often, these CME doctors earn a majority of their income by testifying for the defense in cases just like yours.

Insurance companies capitalize on making you believe that personal injury cases are all frivolous and brought by greedy plaintiffs.

Plaintiffs are often working class victims that have no choice but to sue just to pay their medical expenses. A perfect example of this is the infamous McDonald’s coffee case. Stella was a 79 year old woman that was in a parked car when she spilled her coffee on herself, as people often do. She suffered 3rd degree burns on her legs and genitals that required multiple skin graft operations. Stella’s injuries were as severe as they were because McDonald’s was serving coffee that was a searing 190 degrees, even after they had already been told by over 700 customers that they had suffered burns as a result of the coffee being too hot. After waiting for several months, the insurance company refused to pay her out-of-pocket medical bills and offered her a measly $800. She was left with no choice but to sue. As a result of McDonald’s negligence, Stella was left permanently disfigured.  Nothing about Stella’s case was frivolous. Despite all of this, the insurance companies sold a distorted view of the story to the media, who then turned it into a punchline the insurance companies were then able use to support their agenda of convincing the general public that all lawsuits are frivolous. And it worked.

The McDonald’s coffee case is only one of many examples of how the insurance companies distort the law by creating a false narrative of personal injury cases in America. In reality, personal injury lawsuits have declined in the past several decades, and attorneys are banned from filing frivolous lawsuits by the Rules of Civil Procedure. If a case is found to be meritless, an attorney can be fined, sanctioned and/or required to pay legal fees incurred by the other side. Of course, there are some bad apples that slip through the cracks with some other law firms, but generally, there are far too many legitimate cases for attorneys to waste their time and money taking a case with no merit to court.

Remember, if you buy into the insurance company’s distorted view that most cases are “frivolous” and just brought by greedy plaintiffs, then one day, when you are on a jury in a personal injury case, you will already be on the insurance company’s side. That is exactly where they want you.

The importance of choosing an attorney with trial experience.

When insurance companies assess your case, your attorneys’ trial experience factors into their evaluation.  The insurance company will look at your attorneys’ experience, how likely they are to go to trial and their jury verdict history, which is why it is so important to hire attorneys that have trial experience like the attorneys at Dennis Hernandez & Associates, P.A. We FIGHT to get you paid!