HOSPITAL AND DOCTOR LIENS
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
- 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
- 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
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.