So, you were rear-ended in a collision, and now your injured. The defendant MUST pay, right? Wrong. There have been numerous jury verdicts in Jefferson County, Alabama for the defendant in such cases. Why? Because of the insurance tactics in these cases and the client's own testimony.
How is this possible? Take the following situation: A car comes to a sudden stop, and you rear-end that car. After that, another car rear-ends you. If you sue the front car, they will say you were following too close. If you sue the car that hit you in the rear, they will say they did the same thing you did, and it's the front car's fault. It's hard for a jury to find fault with one or the other so they place fault on all three and find no one at fault.
In addition, the insurance company will admit fault in some of these cases, but they will argue that you were not hurt as bad as you say you were. For example, the insurance company's attorney will subpoena your medical records from your past. If you are complaining about neck and back pain, and you had complained about that before the wreck, they will argue your injury was pre-existing. Should this argument work? No, but it does.
Jurors and clients don't really understand what is going on in these cases. These arguments work, and they are difficult to counter.
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