Dennis Hernandez & Associates, PA

If you’re injured in a motorcycle accident, your insurance company may use these tactics to try and reduce your claim compensation!

They can pay the same doctors over and over to testify against accident victims.

The defense can claim your ongoing pain has another source Laws designed to protect the insurance companies leave juries in the dark

Insurance companies have a pool of defense doctors that they often call upon to testify against the victim who received injuries so minor that they went away in 90 days. They testify that the continued medical treatment required for the patient was necessary but unrelated to the crash.

The defense can 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 their prior medical history. No matter how long ago this complaint was documented, the defense attorney and defense doctors will hone 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 have been needed whether or not the crash occurred because of the previous medical condition. However, 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 on a daily basis the crash, doesn’t it only make sense that the pain in those areas must have gone away as well?

Few people have spotless records of “no injuries” or “no pain” to any part of their body throughout their lifetime. Their reason if a victim is over 20 years old, then he/she is subject to degenerative natural aging processes. Therefore, they argue it is not unusual for people 30 to 60 years old to need spine surgeries simply because they are getting older.

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 believe this nonsense.

Laws designed to protect the 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 decided would have been entered against this sweet older lady, instead of the defendant company – which had an ample amount of insurance coverage. No lawyer in his or her right mind would bring a case against an individual or corporation within adequate insurance to cover the claim. Florida’s Non-Joinder Statute does not allow disclosure to the jury of the amount of insurance available for the victim to recover.

The defendant’s lawyers, who are appointed by the insurance company, can claim a verdict against their clients would be devastating. In reality, neither the individual nor the corporation will ever pay a dime. This is just another insurance trick to avoid paying what they rightfully owe.

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