The credibility of the car accident lawyer and the car accident victim may be the most important aspect of any car accident trial. This appears to be the case in the recent trial against Allstate Insurance Company.
Under siege by trial lawyers who say it drags out insurance claims, Allstate won a major legal victory after a Kentucky jury unanimously found it was not responsible for a two-year delay in settling a woman’s car accident claim.
A Kentucky woman and her lawyer claimed she was the victim of a systematic scheme by Allstate to bully car accident victims into accepting lowball offers for their pain and suffering. They demanded $1.425 BILLION from the jury because, they claimed it was the only way of ending a corporate culture of greed.
But confronted with such an approach, the jury thought it was Allstate that was the victim. According to juror comments, they thought the figure was outrageous. That alone seemed to leave little hope for the plaintiff’s claims. But evidence that the plaintiff was trying to hide injuries and medical problems that pre-dated the car accident also contributed to the outcome.
In closing argument, Allstate’s attorney was able to accuse the plaintiff’s case as being built upon lies, distortion and greed. Allstate argued that the plaintiff and her previous attorney, tried to conceal a previous injury and two pre-existing conditions: a form of arthritis and an abnormal curve in her spine. Allstate blamed the plaintiff for any delay by being untruthful with the company.
This case illustrates the importance of truthfully and fully dealing with the facts. Many clients have had prior injuries or medical conditions that healed well before an accident. Those unfortunate folks must again deal with injury and rehabilitation-oftentimes, the new injury has so aggravated a pre-existing condition that the result may be prolonged difficulties or worse. The point to remember is to simply be honest and never overreach.