Insurers do not like to pay a large amount of money to a plaintiff. Hence, insurance companies encourage the legal team for any defendant to use specific tactics, in order to reduce the size of the plaintiff’s compensation.
Tricks used to weaken the plaintiff’s case
Deny proof of the defendant’s duty to care for the plaintiff. Allege that the claimant/plaintiff had chosen to ignore the possible consequences of a known risk. If the defense team can prove the veracity of that particular allegation, then the worth of the damages could get reduced to zero. If the damages/losses were to become zero, there would be no reason to compensate the plaintiff/claimant.
Show that the plaintiff was partly at fault for the reported accident. The court must then determine what percent of the blame should be attributed to the plaintiff. The defendant’s damages would get reduced in proportion to the percentage of fault attributed to the other party (plaintiff).
Tactics that force plaintiffs to have convincing paperwork
Allege that the plaintiff’s injury was not as severe as reported. Insurance companies back up such an allegation by insisting that the reported accident could not have caused the sort of injury that the victim/plaintiff claimed to have suffered.
In order to fight such an allegation, plaintiffs would need a sufficient number of medical records. Sometimes, too, an engineer and a physician would need to present evidence. The evidence presented by that pair of professionals would have to show that the reported accident could have caused the injury that was sustained by the accident’s victim.
Contend that the plaintiff’s lawyer had failed to produce an ample amount of evidentiary material. Sometimes, an insurance company contends that the opposing party had failed to produce a single document, as proof of a given claim.
An employed victim/plaintiff should be able to obtain proof of lost wages. Victims that earned their livelihood by operating their own business might find it harder to produce a document that satisfied the insurance company’s lawyer. Photographs of an injury help to document the severity of that photographed damage to the plaintiff’s body. In the absence of any photographs, test results might work to make up for the lack of visual evidence. Still, the availability of photographs should work better, during an effort to fight the insurance company’s contentions.
The lawyer’s role
Personal injury lawyers tend to be familiar with the tactics that get used repeatedly by insurance companies. An experienced personal injury lawyer in Hamilton should make note of weaknesses that might be exploited by the insurer. As a result, the same attorney should stand ready to challenge any allegations that would represent an attempt by the insurer to take advantage of those same weaknesses.