Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
Key Takeaways
- Strong Evidence Helps Your Claim: Photographs of vehicle damage, investigative documentation, and electronic data recorder downloads can help reconstruct the crash and demonstrate the force involved.
- It’s Important To Document Your Medical Care: Medical evidence is equally critical when proving a personal injury claim. Our attorneys collect and review medical records, bills, and treatment notes from every provider involved in a patient’s care.
- The Insurance Company Isn’t on Your Side: If the insurance company refuses to offer a fair settlement that accounts for medical expenses, lost income, and future damages, legal action may become necessary.
After an accident, many injured people expect the insurance company to fairly evaluate their claim. Unfortunately, that’s not always how the process works. Insurance adjusters frequently minimize injuries, suggesting they’re not serious or will resolve quickly. Our attorney insight explains that this tactic appears in nearly every case, from muscle sprains to traumatic brain injuries, and it can significantly impact the compensation someone receives.
Video Transcript:
Insurance adjusters love to downplay your injuries.
If I've heard it once, I've heard it a thousand times. In every type of case, whether our client has fairly normal standard sprain and strain type injuries of their muscles to traumatic brain injuries, it's always well, your client really isn't hurt that bad. The traumatic brain injury isn't as bad as you're claiming it to be. The sprain or strain will go away in four to 6 weeks, just like a sprained ankle would. If I had a penny for every time I've heard it, I'd be a wealthy man.
Here's how we push back and actually prove the extent of your injuries. It all starts at the very beginning of your case by gathering up all the evidence we can. That includes photographic evidence of in a car accident the damages to both vehicles. Going out to tow yards and having investigators take more photographic evidence or photographs of the damage to the vehicles. getting electronic data recorder downloads to actually have them reviewed by forensic engineers to determine how fast the defendant was traveling at the time they hit your car.
All those types of evidence that is gathered up shortly after an accident. The second way we prove the extent of your injuries is through the medical records. We gather up all your medical records and bills. We analyze those. We talk to your doctors. We get your doctors to render opinions about the extent of your injuries and more importantly what your prognosis is. Whether your injury is going to be a permanent injury or something that would improve over time.
The prognosis also includes the type of medical treatment you're going to need in the future, how much medical treatment you're going to need in the future, how long you're going to need that medical care in the future, and the cost of that medical care.
And then we get life care planners. There is such a thing. They're expert witnesses who are able to gather up and review all of the doctor's opinions. And these life care planners are doctors themselves. And they will not only look at the opinions of all of your treating physicians, they will typically also examine you and then render an opinion as to how much the medical treatment you're going to need over your lifetime is going to cost.
And even in the most basic of claims, even in the most regular type of injuries to your neck and back that we see over a lifetime, that medical care can exceed $500 to $700,000.
When the insurance adjuster says you're not that hurt, your claim isn't worth that much. We see that all the time and we just dismiss it as something they're always going to say no matter how bad our client is hurt.
If the insurance adjuster isn't willing to pay a reasonable value, a fair value to compensate you for your injuries, your time off of work, and your future damages, then we hold their feet to the fire by filing a lawsuit on your behalf.
Filing a lawsuit on your behalf gives us leverage. The reason it gives us leverage is because it takes it out of the hands of the insurance adjuster and their willingness to pay you a certain amount of money and puts it in the hands of a jury. The one thing that an insurance adjuster and the one thing that the insurance company doesn't want to happen because they know that once your case gets in front of a jury, the jury is going to more likely than not see it your way, not the insurance company's way, and offer you and award you a fair amount of compensation for your injuries and damages.
So, those are some of the things we do to prove the extent of your injuries when the insurance adjuster is minimizing how badly you're hurt.
If you have any questions about your particular case, about your interactions with an insurance adjuster or insurance company trying to minimize your injuries, please give me a call at 813-915-1110. I'd be happy to consult with you and walk you through the process of what we might be able to do for you. The consultation is always free.
How to Build a Solid Case After A Personal Injury Accident
The reality is that injuries are often more complex than they first appear. Insurance companies may claim that neck or back injuries will heal in just a few weeks, comparing them to something like a mild sprained ankle.
While some injuries do improve with time, many accident victims experience ongoing pain, long-term medical care, or complications that aren’t immediately obvious after the crash. Because of this, proving the full extent of an injury requires more than simply telling the insurance company you’re hurt.
Gather Strong Evidence
Strong cases begin with evidence gathered immediately after the accident. Photographs of vehicle damage, investigative documentation, and electronic data recorder downloads can help reconstruct how the crash occurred and demonstrate the force involved in the collision. In some cases, forensic engineers analyze this data to determine how fast a vehicle was traveling and how the impact likely affected the people inside.
Document Your Medical Care
Medical evidence is equally critical. Our attorneys collect and review medical records, bills, and treatment notes from every provider involved in a patient’s care.
Doctors can provide professional opinions about the nature of the injury and, importantly, the prognosis, whether the condition will improve or remain permanent. Prognosis also includes future medical needs, such as ongoing therapy, procedures, or long-term care.
For serious injuries, life care planners may also become involved. These medical experts review all available records and physician opinions to determine the cost of future treatment over a patient’s lifetime.
Even injuries that appear relatively routine, such as neck or back injuries, can result in hundreds of thousands of dollars in future medical expenses. In many cases, lifetime care costs can reach $500,000 to $700,000 or more.
Commons Arguments Used by Insurance Adjusters
When an insurance adjuster claims someone “isn’t that hurt,” it often reflects a negotiation strategy rather than a true evaluation of the case. If the insurance company refuses to offer a fair settlement that accounts for medical expenses, lost income, and future damages, legal action may become necessary. Filing a lawsuit shifts the decision away from the insurance adjuster and places it in the hands of a jury, which can significantly increase the pressure on the insurance company to resolve the claim fairly.
How an Experienced Attorney Protects Your Claim
An experienced personal injury attorney from our firm can play a key role in building and presenting the evidence needed to support a claim. This includes gathering crash evidence, working with investigators and experts, reviewing medical documentation, and communicating directly with doctors to understand the long-term impact of an injury.
Our attorneys also handle negotiations with insurance companies, ensuring that important evidence is not ignored or minimized. When necessary, they can pursue litigation to present the case before a jury and seek full compensation for medical costs, lost wages, pain and suffering, and future care.
Take Action Today: Protect Your Rights After an Accident
If an insurance company is downplaying your injuries or pressuring you to accept a quick settlement, it may be time to speak with an attorney. An experienced legal advocate from our firm can evaluate your situation, explain your options, and help ensure your injuries and losses are taken seriously. Call Hancock Injury Attorneys at 813-915-1110 to schedule your free case consultation today.
FAQs
Q: Why do insurance companies minimize injuries after an accident?
A: Insurance companies aim to limit the amount they pay on claims. By suggesting injuries are minor or temporary, they may try to justify offering a lower settlement.
Q: What evidence helps prove how serious an injury is?
A: Medical records, physician opinions, diagnostic tests, and expert testimony are key pieces of evidence. Crash reconstruction data and photographs of vehicle damage can also support the claim.
Q: Can injuries become worse after the accident?
A: Yes. Some injuries, especially neck, back, or brain injuries, may worsen over time or reveal long-term complications weeks or months later.
Q: What happens if the insurance company refuses to offer a fair settlement?
A: If negotiations fail, filing a lawsuit may be the next step. This allows a jury to review the evidence and determine fair compensation for the injured person.