Energy On The Offensive #055 - Is Your Case "Defendable"?

I was talking with the liability adjuster on one of my client’s claims the other day. Their driver got hit head-on. The driver did everything right: equipment was in good shape, and the dashcam footage shows it all—clear as day.

But the plaintiff attorney is still aggressively pursuing the case.

It’s a textbook example of how plaintiff attorneys operate. They’ll dig for anything—some tiny detail they can use to argue, “This truck shouldn’t have even been there.” They’re looking for any hook to sway a jury into awarding damages—especially since the third party’s injuries are so severe.

I asked the adjuster: “What can be done to put up a strong defense?” He said there are two key factors that determine whether they can stand their ground and even take it to trial if needed:

• How does your driver come across to a jury?

• How would your corporate rep come across to a jury?

Unfortunately, that has nothing to do with the facts of the accident.

So what can you do proactively?

• Train your corporate rep with a litigation consultant every few years to keep them sharp.

• Before any driver or corporate rep heads into a deposition, have them fully prepped by a litigation psychologist. Don’t just rely on the attorney your insurance company provides to get them ready.

It’s sad that things have gotten this bad, but that’s the reality we’re in now. Your truck can get hit head-on and still be at risk of being exploited.

If you want to know which insurance companies or programs put up a strong defense—and which ones don’t—just reply to this email.

If you’re dealing with an active case or want to proactively prepare your team for litigation so they come present well in the event you get sued, reply to this email and I’ll introduce you to Courtroom Sciences. They do a fantastic job.