At Davis Law Group we have years of experience dealing with the misrepresentations, exaggerations and outright lies insurance companies commonly use after injury victims make a legal claim. Insurance companies use these “defenses” to try and defeat your claim or to attempt to minimize the value your claim may have. Most people are unaware of just how “low” the insurance company will go to defeat a claim.
One common defense is to suggest that the victim suffered from similar injuries before the accident, or that the victim was predisposed to the type of injury he or she suffered. We at Davis Law Group have had cases where the insurance company actually relied on a medical record that pre-dated the motor vehicle collision 15 years earlier! Even though are client was symptom-free for more than 12 years, the insurance company still tried to argue that her “pre-existing” injury predisposed her to an injury 15 years later in the car accident! That gives you some idea as to how absurd some of the defenses the insurance company will allege.
Yet another defense is to try to prove that the victim’s injuries were not caused by the accident, but by other events in the victim’s life (e.g., a prior fall, prior accident, or some other medical condition). When insurance companies cannot dispute fault for the accident they may resort to the age-old tactic of attacking the accident victim’s character or preexisting medical history.
A good lawyer will successfully challenge these common defenses and help the victim present his or her injuries clearly, concisely and coherently.
For example, even if you suffered from a similar medical problem (such as a back or neck condition) before the accident, your lawyer can help you prove that your previous injury was made worse as a result of your accident.
Washington law supports the premise that a wrongdoer “takes his victim as he finds him.” This means victims are entitled to recover full compensation even if they were particularly susceptible to an injury, or predisposed to experience greater pain or suffering than could have been foreseen by the defendant.
For example, you have a bad back that never required surgery, but then you are involved in a serious car accident that aggravates the back condition enough to require surgery, you are entitled to recover compensation for the surgery. After all, you would not have needed it if the accident had never happened.
If you have a claim where the insurance company seems to be looking for any fact, circumstance or excuse to deny your claim or lessen its value, it’s time for you to speak with an experienced attorney. Don’t try to fight the company alone. With its vast resources and knowledge, the insurance company can be a very formidable opponent. The things you do or say early on in the claim process can make a difference on whether you achieve a successful outcome.
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