Dirty Defense Tricks In Personal Injury Cases
Posted on Apr 6, 2012 10:07pm PDT
I wanted to share some things that I have learned during my time as a lawyer; I am specifically referring to the dirty defense strategies that I see used in case after case. These tactics are used frequently in personal injury cases. Imagine that someone was injured in a
car accident. After the accident, that person experiences pain and aches, but doesn't immediately see a doctor. This person hopes that time will take care of the pain. After waiting a week or so and noticing that the pain isn't getting better, this person decides to see a doctor. You can bet that, if his or her case goes to trial, the insurance defense lawyer will try to argue that the victim wasn't really injured, because if he was injured, he would have seen a doctor right away. We know this argument is nonsense; not everyone goes to the doctor immediately. Even the defense lawyer knows this, but he will make that lame argument anyway.
Another favorite defense trick is to try and use the medical records to argue that the injured victim is lying. Doctors are busy and see many patients per day. Some doctors don't take very accurate notes and histories. It is inevitable that there will be some inconsistencies or omissions among all the various medical records. Even though these inconsistencies are minor, innocent, and harmless, a sleazy defense lawyer will try to argue that there is some huge conspiracy going on involving the doctors and the victim. This is absurd, but the sleazy defense lawyer does it anyway, hoping to distract the jurors from the real issues in the case. This tactic is used in all sorts of injury cases, from auto accidents to pedestrian accidents. I refer to these tactics as "smoke and mirrors." Defense lawyers throw a plate of mud against the wall, hoping some of it sticks.
These are just some of the reasons why it is imperative that injured people hire a skilled attorney to protect their rights. Many people simply aren't prepared to deal with the games that insurance defense lawyers play.
If you want justice in your personal injury case, please contact the attorneys at the Lagstein Law Firm today.