Truth About Mold

Litigation Tips

Litigation Tips

Bad faith insurance companies will do ANYTHING to win a lawsuit. They have a big bag of tricks and will even commit crimes against you, your family and your attorneys.

Most plaintiffs think a lawsuit is about telling the truth and getting justice.  In stark contrast, bad faith insurance companies think a lawsuit is about being as mean and nasty as they can in order to get the plaintiffs to give up.

This page will give you an idea of some of the tricks and crimes they will use against you and some of the things you can do.

We hope this list of tips and solutions will give you the information you need to protect yourself and your family and the encouragement to report any crimes being committed.

1.  Hire a good "plaintiffs" attorney with a proven track record of handling cases like yours.  This is critical.  You must hire an attorney who only works for plaintiffs and who knows how to litigate a case with facts like yours.  (For example, you wouldn't hire a divorce attorney to handle a lawsuit about a car accident or house fire, etc.)  "Defense" attorneys typically work for insurance companies and other businesses, so do your homework and don't hire a defense attorney.  (It is very common that insurance companies will payoff the plaintiffs' attorneys in mold cases to get them to drop the case or screw it up on purpose.  Be aware of any changes in your attorneys' conduct, their handling of your case or their attitude toward you and your family.)

2.  They might take your mail from your mailbox--especially the mail from your attorneys.  Get a P.O. Box at your local post office.

3.  They will put you, your spouse, your children, your relatives and your attorneys under surveillance.  Take pictures of the surveillance people and their vehicles.  Write down their vehicle description and license plate numbers.  They like to think they are sneaky, and they really hate it when you catch them in the act.  Ask your attorney about hiring your own surveillance people.

4.  Their surveillance people will watch you when you are home and in public.  They will follow you in malls, grocery stores, movie theaters, restaurants, etc.  They can take pictures of you from long distances with their expensive cameras.  They will pretend to know you or your friends and family members.  Pay attention to strangers who suddenly appear and seem to be too friendly or have too many personal questions.

5.  Their surveillance people might violate traffic laws when they follow you.  Report them to the police.

6.  They might use invalid license plates on their surveillance vehicles (such as license plates from other vehicles) in order to try to hide their identity.  This is a crime.  Report it to the police.

7.  They might hire your friends or family members to spy on you.  Some people will do anything for a few dollars.

8.  They will cause repeated delays during your lawsuit.  It's called "starving the plaintiff."  They have billions of dollars; you don't.  Make sure your attorneys stay on top of deadlines and resist any requests for delay.

9.  During the litigation process, they might use impostors in place of the real claims people or insurance company employees.  Some of the claims people may not be able to "perform" during a deposition, so they might use an impostor in their place (such as one of the insurance company attorneys).  Be sure to ask for proof of identification for all insurance company employees and witnesses.

Bad faith insurance companies will do ANYTHING to win a lawsuit. They have a big bag of tricks and will even commit crimes against you, your family and your attorneys.
10.  Their attorneys may violate litigation rules and procedures. Make sure your attorney brings these violations to the attention of the court.

11.  They might pay someone to date you or become your friend in order to get inside information about your lawsuit.

12.  They might pay someone to live near you in a house, apartment or even a camper or RV.  Be cautious of new people who suddenly appear in your life and seem to be too interested in your life or your lawsuit.

13.  They might tap your phone or listen to your conversations using electronic listening devices.  If they commit those crimes, report them to the police.

14.  They might send you to see one of their hand-picked doctors to be evaluated.  This is known as an Independent Medical Exam (IME), but there is nothing independent about it.  The insurance companies use a select list of doctors to allegedly "evaluate" plaintiffs and write reports.  There is a lot of information about IMEs on the Internet.  Know your rights.  Ask your attorney if you can take a witness with you and/or videotape the appointment.  These IME doctors will use this time like a deposition to ask you more questions about you and your lawsuit.  Remember, the IME doctor is working for the insurance company.

15.  They might destroy or alter evidence.  Make sure your attorney has copies of everything and watch for unusual changes and photos or other types of evidence that have been altered.

16.  They might act like "attack dogs" during your depositions.  This is another one of their intimidation tactics.  Know your rights, and if necessary, ask for the depositions to be conducted at the courthouse in the presence of a mediator or other court official.  Another good step is to videotape your depositions.  The "attack dog" defense attorneys don't want their bad behavior to be videotaped.  Contact us for more tips about depositions.

17.  They will conduct robo-searches of the Internet looking for information about you or anyone whose name is the same as yours.  They might take legal action against people with the same name as you.  Remember, these bad faith insurance companies think they are above the law.

18.  Their employees or other hired help (such as private investigators or criminals) might steal from you or cause damage to your home or business and then blame you for it.

19.  They might pay off your attorney or  promise to give them litigation business in the future in order to get them to withdraw from the lawsuit.

20.  The attorneys for the bad faith insurance companies might act unprofessionally in the courtroom in order to distract or confuse the jury.  Make sure your attorney brings that bad behavior to the attention of the judge.

21.  They might bribe the judge or members of the jury, and they might try to put some of their people in your jury pool.  Make sure the court follows the proper procedures for selection of the jury and watch out for any suspicious activity that might indicate bribes or other types of illegal interference.

22.  It is very likely they will lie and spin the truth.

Remember, they will do ANYTHING to win. 

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