17. 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. Their reports are often just a “copy and paste” from previous reports they have done, so watch for errors and information that has nothing to do with you.
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, and do not allow your children to be alone with these doctors.
These IME doctors will use this time like a deposition to ask you more questions about you and your lawsuit. This is not a deposition. You only have to answer questions relating to your health issues. These doctors will pretend to be your friend in order to get you to talk too much. They are NOT your friend. Remember, the IME doctor is working for the insurance company.
In addition, IME doctors are not allowed to cause you physical harm or harass or insult you. Protect yourself during the exam by having a witness and, if allowed, audiotape or videotape the session.
18. 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 (e.g., photos that have been digitally altered or documents where some of the information has been removed or pages are missing).
19. They might act like "attack dogs" (also known as “mad 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 do not want their bad behavior to be videotaped.
If your children are involved in the lawsuit, you should absolutely have their depositions videotaped. This will help to keep the “attack dog” attorneys under control.
In extreme cases where the “attack dog” attorneys are clearly out of control, you will have to ask for the depositions to be held at the courthouse or under supervision by the court. You can also ask the court to put a limit on your depositions (e.g., limited to a certain number of hours each day or certain number of days). These “attack dog” attorneys do not follow normal procedures, and they believe they are allowed to do whatever they want.
Example: In one case, the defense attorneys were so aggressive and threatening during the depositions of the adult plaintiffs, that the family hired a professional videographer to be present during the depositions of their children. When the defense attorneys arrived for the deposition of the children and saw the video camera, they became outraged. The plaintiff’s attorney pointed out that their behavior was being recorded, and the defense attorneys eventually settled down. Because of this protective measure, the attorneys behaved appropriately and the children’s depositions were very short.
Example: In one case, the insurance company attorney was using intimidation tactics during a deposition. The plaintiff spoke up and told the attorney that he knew about these “mad dog” tactics. The attorney became very upset and demanded to know how the plaintiff knew about this. Because the attorney became so rattled by the plaintiff’s comments, it changed the tone and direction of the deposition. Again, it’s better to be informed and knowledgeable about their tricks.
For more information about these “mad dog” tactics, check out the 3-part investigative news report conducted by Channel 7 & KGO news in November 2006. The description of their news report says:
“Investigation Into How State Farm Does Business (Parts 1 & 2). State Farm cheats policyholders by forging signatures to deny coverage and orders employees to lie under oath in bad faith litigation.”
“Investigation into How State Farm Does Business (Part 3). Employees instructed to destroy documents that could be used against them and the use of ‘mad dog’ litigation tactics in bad faith lawsuits.”
20. 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.
Example: In one case in the Midwest, the insurance company found another woman (in California) with the same name as the plaintiff in the case. They sent a subpoena to her employer and demanded information. Even though the employer explained this was not the same woman involved in the lawsuit, the insurance company refused to back down. The employer had to hire an attorney to resolve the matter.
21. 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.
Example: In one case, about a year after the initial mold claim, something happened to the water heater and it flooded the basement. The insurance company tried to blame the plaintiffs, but the house was vacant and the insurance company’s contractors were the only people with keys to the house.
Example: In another case, the insurance company’s conduct was so egregious that the jury awarded the plaintiff $14.5 million. Not only did the insurance company file false criminal charges against the plaintiff (claiming that he had caused damage to the roof), but the court concluded that it was the insurance company’s own employees who had caused the damage. For more information about this example, read about the case of Joseph Radcliffe.
22. They might use expert witnesses who are not qualified or who have records of professional misconduct. Make sure your attorney thoroughly investigates each witness and make sure all of their professional licenses and credentials are current and valid.
Example: In one case, the insurance company used a “doctor” to examine the plaintiffs, review their medical records and write reports on each family member. It was discovered that the “doctor” was not a medical doctor (M.D.). He only had a Ph.D., so he was not qualified to serve as an expert witness in that role. He was removed from the case and was not allowed to testify.
23. 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.
24. They might have their employees or witnesses wear "brown" clothing, because attorneys believe that brown clothing makes a person seem more honest.
25. They might have their employees or witnesses pretend to be sad or even start crying on the witness stand. This is just another ploy to try to gain sympathy from the jury.
26. 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.
Example: In one case, the attorney for the insurance company did not follow proper courtroom etiquette or rules. He frequently ran up to the judge’s bench and the witnesses on the witness stand without asking for permission to approach. He also turned his chair to face the wall (putting his back to the jury) numerous times during the trial...anything to disrupt the process and distract the jurors.
Example: In another case, the attorney for the insurance company had his wife wear sleeveless, low-cut shirts to distract the jury (even though it was freezing cold and there was a blizzard outside).
27. 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. You might want to hire a trial consultant to handle this aspect of the case.
28. Do not expect them to tell the truth. It is very likely they will lie and alter evidence. One way to protect yourself is to attend every deposition and the trial, so you can tell your attorney when the defendants are lying or altering evidence.
Remember, they will do ANYTHING to win.
Keep in mind, this is just a game for these insurance companies. They will use any trick to distract, deflect, deny, lie, cheat and hide the truth.
Be informed, pay attention and report any unethical or illegal activities.
These cases can be won, but you need a strong, experienced, “plaintiffs” attorney, and you need to be aware of the tricks used by the defendants.
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