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Avoid Attention: Common Red Flags in Personal Injury Claims

Posted on March 14, 2016

Cuyahoga County disability attorneyIt would be nice to believe that all personal injury claims are completely honest and legitimate claims by genuine victims. Unfortunately, some people try to game the system and file claims that misrepresent the true extent of their injuries. For this reason, insurance companies have special surveillance departments whose job it is to investigate suspicious claimants to see if they are telling the truth. This is called “sub rosa investigation,” and you and your Cuyahoga County disability attorney should try to avoid it, even if your case is genuine. If the surveillance unit observes something about you they think is suspicious, they will document it and bring it up in court, forcing you to explain it.

Not all cases are selected for surveillance. There are some factors that make a case much more likely to be selected for surveillance. Here are some common red flags seen by insurers:

Immediate Lawyer Letter

If the initial notification letter from your Cuyahoga County disability attorney about your claim is drafted and dated the same date as your injury, the insurer will find this suspicious. Even moreso if the letter actually predates the date of your injury. While you should try to understand the system, claims adjusters are suspicious of claimants who are “claims conscious” and who seem to know exactly what to do to game the system.

Noticeable Change in Injury Status

Some claimants who are faking an injury go to the trouble of limping into the office to pick up a settlement check and making a show of their injury. The problem is if they weren’t limping while crossing the parking lot to get there. Any adjuster who notices this will be able to put the pieces together.

Missing in Action

The claimant never seems to be home when the insurance adjuster calls with questions about the case. A claimant who is injured and has been ordered to take it easy and not go to work should be reachable at home during business hours. If the adjuster can’t connect at home, the adjuster will wonder what the claimant is doing all day when he is supposed to be recuperating.

Couch Potato

Even if the adjuster is able to reach the claimant at home, the claimant is unwilling to come to the phone to answer basic questions because he or she is watching TV. Any genuine claimant should want to make sure the adjuster has the information needed to handle the claim.

Dr. Whiplash

Some doctors and physicians have a reputation of being pro-plaintiff and work together with certain law firms in order to bill insurance companies. If your doctor has this reputation, you might face questions about how you found this doctor and how he knows your attorney.

Anonymous Informant

If you have enemies in life, such as disgruntled co-workers or a former spouse, they might be inclined to make an anonymous call to the insurance office that your injuries are not entirely legitimate. They might encourage an investigation into your daily activities.

These are just some red flags that you will want to avoid in your personal injury case. For more information, contact Cuyahoga County disability lawyer John Paul Oreh at 216-896-0935.

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