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Some Additional Hazards on the Road to Successful Recovery for Your Injury Claim

Posted by James Bendell | Aug 19, 2020 | 0 Comments

Hospital and doctor liens


  1. Liens. Liens against your case can be created by payments made 
    for your health care by car insurance companies, health insurance 
    companies, Medicare, or Medicaid. For example, if your health insurance
    company pays a $2000 hospital bill, then that insurance 
    company must be repaid when you settle your case. The precise 
    repayment calculations may vary, but the important point is that 
    liens must not be ignored. Your attorney should determine every 
    lien that exists before recommending a settlement figure for your 
    case. Often, in difficult cases, it is possible to negotiate the size of 
    the lien.


Private Investigators

  1. Undercover investigations. Insurance companies 
    routinely hire investigators to spy on persons who file injury 
    claims. The investigator may try to get videos of the injured person 
    performing physically demanding tasks in an attempt to demonstate
    that the injury is being faked. Of course, honesty is the best 
    policy, and no one should ever exaggerate or lie about symptoms. 
    However, sometimes seriously injured clients are so financially dis-
    tressed that they force themselves to work even at the risk of more 
    serious re-injury. Doing so can create the wrong impression that 
    the client is not actually disabled.


Dishonest "expert" Witnesses

  1. Unethical practices by insurance attorneys. 
    Most attorneys, including those who work for insurance companies,
    are honorable people. Unfortunately, this is not always the 
    case. Sometimes unethical attorneys hire “expert witnesses” who 
    will do or say anything for the right fee. A seasoned personal injury 
    attorney will be constantly vigilant to make sure that dirty tricks by 
    the defense do not torpedo a client's case.


Social Media Dangers


  1. Social Media. You should never post anything about your 
    case on any social media platform. Neither should you post
    information about your physical activities. Insurance companies
    now routinely search the social media posts of any persons in
    order to obtain evidence against that person. For example, despite
    being seriously injured, you may feel well enough on one day 
    to go water skiing. If a photo of you skiing is captured on social
    media, the insurance attorney will use that photo at trial in order
    to convince the jury that you are faking your injuries.

About the Author

James Bendell

Attorney James Bendell graduated from Rutgers Law School after completing his Batchelor's Degree at the College of William and Mary. After working two years as a prosecutor, he worked for 16 years as a litigator, trying lawsuits for insurance companies. His practice is now devoted to handling dis...

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