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Ever heard the saying, “that’s what insurance is for?”  But what do you do when the insurance company pins the blame on you and your imperfections when you really need the insurance company to step up?

You sue.  That’s because it’s all you can do.

Sometimes “the insurance company” is the at-fault driver’s insurer, and sometimes it’s your own – or both.  The harsh truth is that the more seriously injured you are, the more the insurer fights you tooth and nail.  What does that fighting look like?

It mostly manifests as investigations into your background. (Did you cheat on a test in fifth grade? Become depressed and need medication when your parent died?)  If you have skeletons, they will be dragged out of the closet and put on display – no matter how irrelevant they are.

Essentially, the victim becomes the enemy.

What I have witnessed is that the most honest, decent Plaintiffs are dragged through the mud, and it can be devastating to them.  When you care about your reputation, you own up to your mistakes and faults, and you work hard to do good in this life, it takes a toll on you when you are painted as a lying, cheating, no good human being who doesn’t deserve compensation for your serious injuries.

I’ve seen huge, powerful law firms go after a deceased client because he said a bad word. As if that somehow makes his senseless, excruciating death less traumatic for the family.  I use this example often (too often) to console my clients in litigation.

And I tell them: “If that’s all they’ve got, we have nothing to worry about!  The better character you have, the lower they stoop to defame you.”

Every Plaintiff will be subject to truth-twisting, but not every Plaintiff’s lawyer will stand their ground and not be swayed by the lies.  Some worry that a jury will buy what the defense is selling.

Whether your case ever goes to trial, it is important to find an attorney who is willing to fight for you in court.

Sadly, too few will take the defense and their lies to the mat.