FACTUAL DEFENSES IN PERSONAL INJURY CASES

There are many types of defense strategies in a personal injury case. One of the defenses used frequently by insurance companies is factual defense, which is usually used to reduce the compensation amount. Factual defenses can be quite frustrating and nasty, since the credibility of the plaintiff is attacked. In factual defenses, the lawyer of the insurance company could try to prove the following things:

• The plaintiff received more treatment than necessary for the injuries he is claiming to have suffered. This would show that the plaintiff is exaggerating his injuries.
• The plaintiff received much less treatment than necessary for the injuries he is claiming to have suffered, which proves that he was not injured to the level it originally seemed.
• The victim had a pre-existing condition or injury, and therefore whatever he is suffering is not caused by the accident. The defense might try to show the jury that the plaintiff did not suffer any injuries in the accident and the injuries that are being treated, already existed before the accident took place.
• The plaintiff did not take the treatment provided by the doctor or waited a long time before undergoing treatment. This would indicate that the plaintiff had not suffered serious injuries, as there was no need for treatment. Unexplained or unreasonable break or breaks in the treatment plan of the doctor would also indicate the same thing.
• The conduct and actions of the plaintiff after the accident show that he could not have suffered the injuries. For instance, the plaintiffs claims to have broken his leg, and is seen jogging after the accident.
• The plaintiff is pretending to be in more pain than what the injuries would suggest. This is usually done to increase the compensation for pain and suffering.

Not all Injuries are Clear at the Outset

Though it does not matter if you did not seek that much medical treatment in the beginning just because perhaps you did not realize the extent of your injuries. You may have had more pressing matters as well like taking care of your family. But your injuries that you received because of this crash or fall, for instance, could not have become known until a couple weeks or even a couple months later.

There is an entire list of injuries, head and back injuries for example, that may not appear to be a concern or afflicting you until some time has passed.