I recently read an article by attorney Edwin Lamberth titled “Beating the Malingering Defense” on his firm’s blog. Edwin is an excellent attorney practicing in Mobile, Alabama. I’ve discussed personal injury cases with Edwin on many occasions. His post raises a frequent issue in our personal injury cases.
What is the issue? What is the “malingering defense” used by insurance companies and their lawyers? As Edwin notes in his article, defense lawyers will rarely come right out and say your injured client is exaggerating or faking his injuries. If they did, you could prove them wrong and destroy their credibility. Instead, these insurance company lawyers will imply bad motives, cast doubt on the injured person’s efforts or suggest he may be exaggerating. While an outright accusation of malingering could be proven wrong, a hint or cloud of suspicion leaves doubt that is more difficult to defeat. That’s the plan followed by insurance defense lawyers.
How do you handle shadows of doubt cast by insurance company lawyers in your personal injury claim? Most lawyers for injured claimants ignore the shadow of doubt. But, that is the absolute worst approach in most cases. I agree with the advice offered by Edwin in his article.