Insurance companies try to keep their costs low. The money paid to claimants represents one source of costly payments. Hence, insurers can work to save by minimizing the size of any such payment.
Common tactics
Claim that the defendant had no duty of care towards the claimant. For instance, someone that has been injured while taking part in a sporting event would be said to have assumed a recognized risk. For that reason, the defendant would have been relieved of his or her duty of care.
Claiming that negligent actions by the plaintiff contributed to the injury. Frequently, an insurance company checks to see if someone that was injured in a car accident had taken the time to click on the available seat belt. Insisting that the injury is not as severe as suggested. The plaintiff might need to go to an independent medical exam.
Alleging that some part of the injury existed before the accident. This could be the insurer’s chosen approach, if the claimant has a pre-existing condition. Insisting on the need for a statement from the plaintiff’s doctor, one that has managed to link the accident to the reported injury. Pointing to the time gap between occurrence of the accident and the plaintiff’s first visit with a physician. That could be seen as proof that the plaintiff failed to mitigate the injury’s effects.
How a plaintiff should try to deal with the insurance company’s tactics?
State any claim aggressively, even when making a first party claim and dealing with your own insurance company.Oversee the nature of the information that the treating physician puts in the medical report. If you have a pre-existing condition, be sure to have the results of your latest physical in the doctor’s report. If you have pursued some activity, in an effort to determine the level of your recovery, share that fact with your doctor.
Injury Lawyer in Richmond Hill knows that plaintiffs that have suffered a long-term injury should ask their treating doctor to add certain information to the plaintiff’s medical report. For instance, the physician could include his or her thoughts on the chances for a recurring problem, even after the existing injury has healed. In addition, any plaintiff that has suffered a long-term injury should speak with the treating physician about the possible chances for future emergence of a degenerative problem. It helps to use the word “likelihood” when asking about such chances; physicians are comfortable with likelihoods.
Doctors appreciate the extent to which the human body changes over time. In other words, over time, a healed wound could display the effects of wear and tear. Smart plaintiffs make sure that their medical report includes any reference from the doctor, concerning the likelihood of such an event.