The longer I deal with insurance companies and the more personal injury claims I handle, the more patterns I see. In Indiana personal injury claims, I have noticed three typical defenses that insurance companies and their lawyers argue. All three defenses are not in every case but we see and hear at least one of these three arguments in every personal injury claim.
Indiana Personal Injury Defense Number One
The first argument is that it wasn't the other person's fault. If it's a car accident, you may hear from the insurance company that you were at fault because you could have avoided the crash. If it's a slip and fall, you will hear that you should have been watching were you were going, and the only reason you fell is that you were not paying attention.
This first argument goes the the legal element of negligence or fault. In other words, who is responsible for the incident. If the facts are so clearly in the accident victims favor that the insurance company cannot credibility argue fault, you may hear the second common defense.
Indiana Personal Injury Defense Number Two
The defense goes like this. We are sorry that we caused the accident but we are still not accepting responsibility because the injury or problem wasn't caused by the accident. Instead, the insurance company will argue that the problem was due to some underlying condition like arthritis or degenerative disc disease. This defense goes right to the element of proof that all injured people have to show, “causation.” If the insurance company isn't able to argue causation, they will pull out the third common defense and attack the injured person.
Indiana Personal Injury Defense Number Three
This defense goes right after the injured person's credibility. Insurance companies understand that juries question the reason the injured person is making the claim. Whether it has been years of propaganda or attorneys advertising doesn't really matter, what matters is that juries sometimes buy the argument that the personal injury claim was made for the money, and the injured person is exaggerating.
The insurance company begins to frame the argument like this. Your condition should have been better within a month or two so you must be milking it or exaggerating because you're doing this for the money. You see when the facts aren't on their side they have to start attacking the person.
I share this information with you because if you know about this you won't fall for the insurance companies tricks of the trade. I set out the entire landscape in my book, an Indiana Guide to Car Accident Claims, which you can download for free.