The holder of an insurance policy gets support from the insurer, following a car accident. This is true in the case of any insurer, even one that is located in British Columbia. In other words, if a policy holder has been held responsible for a particular collision, the insurance company provides that defendant with a defense team, once the litigation phase has commenced. At that phase, negotiations have ended, and the case proceeds before a judge, in a courtroom.
Any one of the defense teams that get provided assistance to many other defendants. The team members know what tactics should work, if the team wants to place a part of the blame on the plaintiff. That is why a plaintiff needs a strong backing of an injury lawyer in Cornwall.
Tactics used by the legal teams that help defendants
Obtain the victim’s medical records. Study them closely; see if there is mention of any past medical problems. The most significant problems would be previous injuries and pre-existing conditions. By focusing on such problems, a legal team can work to hide the fact that no defendant gets to choose his or her victims.
Hire an investigator to conduct surveillance. The goal of such surveillance is the discovery of an action that differs greatly from the restricted movements that the victim claims to be performing, as a result of the accident-caused injury.
Delay the expected progression of the victim’s case. The attorney for the defendant has 2 reasons for pursuing this specific tactic. It increases the chances that the victim might get involved in another accident. At the same time, it puts pressure on victims to seek any amount of money, as compensation.
Encourage the victim to admit to telling a doctor something that has not been recorded in the victim’s medical record. The insurer engages takes part in such a strategic move, even though the lawyer for the defendant has already looked at the victim’s medical record, and knows what is in it.
Best way for plaintiff to respond to any such tactic
Hire a lawyer that will not hesitate to consult with an expert, such as a physician. Then, the team helping the defendant cannot pretend to have gained great insight into the nature of the victim’s medical problems, and what the law expects from those with a similar problem.
The smartest victims work to remain honest. An honest victim does not have to worry about surveillance, because the victim’s statements, regarding what he/she can or cannot do match with the victim’s stated claims.
By the same token, an honest person seldom responds to an invitation to be dishonest. He or she resists any attempt to trigger mention of a falsehood. Consequently, the last of the 4 listed tactics fails to produce the desired result.