We are inundated with insurance commercials. Geico has too many mascots (the gecko, the squealing pig, the cavemen, the pile of money with eyes, a Rod Serling knockoff). And the insurance industry’s far-reaching propaganda machine has created the false impression in the public’s mind that the system is out of control and needs to be fixed. Their campaigns to spread disinformation has thoroughly influenced juries and their verdicts.
Juries today are highly skeptical of people who file lawsuits claiming they deserve to be paid for “pain and suffering.” They're even skeptical of claims involving children. Jurors may be persuaded by the arguments of the mercurial arguments of mercenary attorneys hired by the insurance carrier, or the testimony of experts who all their income not from fieldwork or academic rigor but from testifying in front of juries.
Juries are not allowed to hear certain facts because of judicial lobbying. For instance, a jury cannot be told if the defendant had insurance during the trial. This makes the task of securing a just and fair award from a jury an especially difficult challenge.
The efforts by the industry to spread half-truths and mispresentations may be a huge obstacle to achieving justice in your case, even when the injuries are severe and the negligence of the other party has been conclusively established.
Lawyers who handle injury cases have learned that it is difficult to achieve justice for an injured client in today’s climate to skepticism and heightened propaganda. That’s why you want a lawyer who is experienced (at least 15 or more years in practice) and one that specializes (handles hundreds of injury cases every year).
If you have an injury claim, you need to be aware that the insurance adjuster will use any means necessary to pay out as little as possible, even on legitimate claims that involve serious injuries.
It does not matter to the adjuster that the injuries are so catastrophic as to evoke tremendous sympathy. Insurance claims adjusters receive extensive training on how to save the company money – and not necessarily on how to examine a claim fairly and pay a reasonable settlement.
Most insurance companies reward their claim adjusters with bonuses or promotions based on how much money these adjusters save the company, rather than on whether the claims are settled fairly. So, when the adjuster listens to the facts of your injury claim, she is thinking of ways to pay out as little as possible so that her bonus is bigger at the end of the year.