Brian's Legal Tip of the Month - January 2011

The Insurance Company Doctor - why it is important to call me
immediately after an accident to get to the right doctor

At the bottom of this page you will find a link to a very funny animated video simulation of an exam by an insurance company doctor in an injury case. I highly recommend you watch it (its only a couple of minutes) not only because it will probably make you laugh, but it will warn you about the importance of calling me immediately after an accident to make sure you start your treatment with the right doctor who will fight against this insurance company doctor. Even though it is meant as a spoof, the main points highlighted in the video and the role of the insurance company doctor actually occurs in almost every case I litigate.

Even in the most obvious instances, I have seen the insurance company doctor refuse to admit that my client's injuries are related to the accident, refuse to admit the injuries are permanent, refuse to admit the injuries have resulted in any impairment to my client, and/or refuse to admit that my client may need any future care. Recently, I had a client who was rear-ended at 50 mph while she was at a full stop at a red light. This horrible crash totaled her car and she immediately suffered back pain that shot down to her buttocks. After physical therapy failed to resolve her complaints, diagnostic tests revealed she sustained a significant herniated disk in her back that was impinging on a nerve root causing her shooting pain. As a result, she was required to undergo spine surgery to remove the damaged disk. After the insurance company refused to make a reasonable settlement offer, a lawsuit needed to be filed. In Florida, prior to trial, the insurance company is entitled to hire and pay for a doctor of their choosing to examine and testify against the injured party.

In the case above, my client did not have complaints of back pain for over 20 years prior to the car crash. However, since my client acknowledged to the insurance company doctor that she was diabetic, the insurance company doctor diagnosed her with diabetic neuropathy and testified that none of her injuries, medical treatment, medical bills, impairment, and pain and suffering were related to the huge car crash. This insurance company doctor gave this testimony even though my client's own treating physician for her diabetes for the past 10 years disagreed by indicating that she does not have, nor ever had diabetic neuropathy.

Fortunately for my client, she called me right after the car crash so I was able to make sure my client's treating spine surgeon was going to fight for her. Although some doctors may be skilled in patient care, not all doctors are skilled at testifing persuasively in front of a jury, or some are not willing to take the time to do so. In this case her treating spine surgeon did a great job in helping us fight for our client's rights and we obtained a great verdict for her. Another helpful factor for my clients is that since I have been handling injury law cases in South Florida since 1993, I know who these insurance doctors are and I have proof of the amount of money these doctors are paid by the big insurance industry. Many are paid over a half a million dollars per year to testify against injured parties and I present this evidence to the jury.

For this reason, please call me immediately after an accident so I can protect your rights and help you obtain the best medical care, as well as the most compensation you deserve.

Please click on the link below to see what I mean about the insurance company doctor. I found it on YouTube and it appears that this video animation was created for or on behalf of an out of state law firm. So any credit for its truth and humor must be given to them.

http://www.youtube.com/user/stonekinglaw#p/a/u/2/v9j16Ptx5xI

Never Give a Recorded Statement to the Insurance Company...
without speaking to me first

First and foremost, I want to wish all my clients, friends, and family a very healthy, prosperous, and safe new year. As with all holiday seasons, some of you had the misfortune of becoming injured accident victims. During one's lifetime, the issue is typically not if you will become involved in an accident, but when. And when this does occur, please do not give a recorded statement to the insurance company until you speak to me.

During this past holiday, I received a telephone call from a client who was involved in a significant car crash. He was the husband of a former client so when I asked him whether he gave a statement to the insurance company, I was hoping that he remembered not to do so. Unfortunately, although he remembered my prior instruction, he figured he was a smart guy and he would give one anyway. He did not think he could be saying anything that would hurt his case because the opposing vehicle received the ticket for causing the accident. My client was driving straight through the intersection, while the opposing vehicle failed to yield to his right of way by making a left turn in front of him.

After requesting a copy of the statement, I read that my client was asked what the speed limit was at the subject intersection. He told the insurance adjuster that it was 45 miles per hour. He further added that he was traveling at this rate of speed at the time of the crash. He later told me that he really did not know exactly what the speed limit was, nor his travel speed but he did not think it was a big deal to guess. This violates one of the most important rules I advise clients prior to giving testimony, "if you do not know the answer to a question, do NOT guess." As it turns out, the speed limit was actually 35 miles per hour. Based upon this erroneous statement my client gave prior to contacting me, the insurance company only offered to pay for half of his damages because they allocated half of the responsibility for the cause of the crash to my client for speeding through the intersection at 10 miles per hour above the speed limit.

Under Florida law, an individual is not required to give a recorded statement to the opposing insurance company. I usually never allow my client to do this. In regards to your own insurance company, you are usually required to give a recorded statement pursuant to the terms of your insurance policy to cooperate with evaluating your claim. In such an instance, I never allow my client to give a recorded statement to their own insurance company without first thoroughly preparing my client by going over all the facts, information, and anticipated questions. After doing this for 17 years, I have become pretty good at knowing the exact questions an insurance adjuster will ask. Insurance adjusters are more skeptical when evaluating personal injury claims, as opposed to property damage claims. In many instances, they are looking for a reason to deny a claim rather than to pay one. For this reason, please call me before considering giving any statements to the insurance company after being injured in an accident.

Best regards,

BRIAN D. GURALNICK, Esquire

Please call me for a free consultation if you ever have any questions (561) 616-9977.

Disclaimer: The articles and columns on this site are for information-purposes only, and may not apply to your unique situation. They do not take the place of a lawyer, accountant, financial planner, therapist, etc. For professional advice, you must seek counsel from the appropriate professional.