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Beating the Insurance Company at Their Own Game

In my upcoming series of blogs, 43 in total, I will be discussing the tactics that insurance companies use in order to defeat an injured persons claim for damages. I will be highlighting certain concerns that an injured individual should have when considering how to defend oneself against these defense tactics.

I will kick off the series with the first concern, which is not necessarily the most important one, but we always have to start somewhere, so this is as good as any. All too often, the attorneys for the insurance company will attempt to discover who, if anyone, referred you, the injured individual, to the doctor which treated you for your injuries. A good defense attorney will hope to find evidence that the Plaintiff, the injured party, was referred to the doctor by his attorney. It is common place for the defense to use inference and innuendo as defense tactics to try to sway the jury, to show them that somehow there must be some sort of scheme afoot in the Plaintiffs case between the lawyer, the doctor and the client. It is by these constant jabs at the Plaintiff's case thru innuendo and inference that the defense hopes to gain points in juror's minds which they hope will eventually win the case for the defense.

A good attorney can stop this, or limit the defenses ability to pepper your case with inferences and innuendos, by going before the judge before trial and attempting to limit the defense from bringing up such issues. If your attorney referred you to a doctor, the Plaintiff will usually prevail on this particular issue on the basis that the defense cannot ask the injured party what discussions he or she might have had with their own attorney, as that is attorney-client privilege. As such, question your attorney to see if he or she has made the proper motion to restrict the defense from bringing the issue up before the jury due to attorney-client privilege.

Weinstein & Scharf, P.A.
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