It’s a Rigged Game
Understanding the Hidden Tactics of Insurance Defense Lawyers in Personal Injury Cases
When you’re injured in a car accident, motorcycle crash, or any other serious incident, you expect the legal system to be fair. You expect that telling the truth and presenting the facts should be enough. Unfortunately, it’s not always that simple. In fact, if you’re not prepared, the legal process can feel like a rigged game—especially when you’re up against skilled insurance defense lawyers.
Last week, we made a broad statement criticizing insurance defense lawyers. It’s time to be fair. Most of them are decent people. They’re smart, respected, and deeply involved in their communities. But while they may be trustworthy individuals, their job is to protect insurance companies—not injured victims.
Let’s break down what really happens behind the scenes and in the courtroom, and why it matters so much for your personal injury case.
Who Are Insurance Defense Lawyers?
Insurance defense attorneys represent the insurance companies, not the individuals who have been hurt. Their mission is clear: minimize payouts in personal injury and accident claims. That means even if you’re severely injured through no fault of your own, they will work hard to reduce or deny your compensation.
It’s important to understand—these lawyers aren’t bad people. Many of them are good parents, loyal friends, and upstanding citizens. They volunteer in local schools, churches, and civic groups. They’re pleasant in conversation and professional in the courtroom.
But when they show up at a deposition or trial, they’re not there to be fair—they’re there to win. And the strategies they use are calculated, legal, and incredibly effective.
The MRI Trap: “Can You Prove It?”
One of the most common tactics in injury defense cases involves medical imaging—particularly MRIs. Here’s how it works:
After a crash or fall, your doctor may order an MRI to determine the extent of your injuries. The scan might reveal a herniated disc, torn ligament, or other serious condition. The insurance defense attorney will then ask your doctor a question like this:
“Can you say with certainty that this injury came from the accident, without an MRI from before the crash for comparison?”
It’s a clever setup. Of course, very few people have pre-accident MRIs—they cost thousands of dollars and no one gets one “just in case.” But without a comparison scan, the defense can cast doubt on whether your injury is new or pre-existing.
Even if your pain started the day of the crash, and you never had symptoms before, the absence of a baseline scan becomes a weapon against you.
The “Head-to-Toe” Questioning Strategy
Another classic technique involves comprehensive injury listing during depositions or discovery. A defense lawyer might say:
“Let’s start at the top of your head and go all the way down to your toes. Please list every area that was hurt in the accident.”
This sounds harmless—maybe even thorough. But here’s what they’re really doing:
They ask this question multiple times, looking for inconsistencies. Then, they ask:
“Did you report these injuries to your doctor?”
Naturally, most plaintiffs will answer yes. But if even one injury wasn’t recorded in the medical notes, the defense jumps on it.
How Small Omissions Become Big Problems
If your doctor didn’t write down that sore wrist or aching knee, the defense lawyer will highlight it.
They’ll ask the doctor:
“Do you document everything your patients tell you?”
Most doctors say yes—it’s standard practice. Then they follow up:
“So if it’s not in the chart, is it safe to say the patient didn’t report it?”
Again, the doctor may agree. At trial, the defense doesn’t have to accuse you of lying outright. Instead, they’ll subtly suggest that maybe you forgot or tend to exaggerate.
And just like that, a perfectly honest person can appear unreliable to a jury.
It’s All About Creating Doubt
In any personal injury case—whether it’s a car accident, truck crash, slip and fall, or workplace injury—the insurance defense team is trying to create reasonable doubt. They want the jury to question your honesty, your memory, or your medical history. They know they don’t have to disprove your injuries entirely. They just have to muddy the waters enough to lower your payout—or eliminate it entirely.
How to Protect Yourself in a Personal Injury Case
So, how can you defend yourself against these tactics? It starts with preparation. At McCutcheon & Hamner, we guide every client through these traps long before they ever step foot in court.
1. Document Everything Early
Make sure every injury, no matter how minor it seems, is reported to your doctor—and documented. If it’s not in the chart, it may not exist in the eyes of the defense.
2. Be Honest and Detailed
When you’re asked to describe your injuries, don’t hold back, and don’t change your story later. Even small inconsistencies can be exploited.
3. Know the Common Tricks
Understand that questions about pre-existing conditions, forgotten symptoms, or undocumented pain are designed to trip you up.
4. Work With a Lawyer Who Knows Their Playbook
This isn’t our first case. We’ve seen these strategies over and over—and we know how to counter them. The best way to win a personal injury case is to anticipate the defense before they make their move.
Real Justice Isn’t Always Easy—But It’s Worth It
At McCutcheon & Hamner, we believe that injured people deserve real compensation. Not just the minimum. Not just what the insurance company is willing to offer. You deserve justice.
And that means standing up against a system that often feels stacked against you.
So yes—we’ll give credit where credit is due. Many insurance defense lawyers are fine people. But when they step into court, they’re not fighting for you. We are.
Need Help With a Personal Injury Case in Alabama?
Whether you were hurt in Florence, Huntsville, Athens, or anywhere across Alabama, you deserve a legal team that’s not afraid to fight back against powerful insurance companies.
Let’s talk. Your consultation is free—and we don’t get paid unless we win your case.
