Underhanded Tactics Adjusters Use in Spinal Cord Injury Cases (And What you Can do to Protect Yourself)

A spinal cord injury is one of the most catastrophic and expensive of all personal injuries. Whether an injured person suffered a spinal cord injury from a car crash, slip and fall, workplace mishap or product defect, the consequences may include chronic pain, disability, paraplegic/quadriplegic injury and more - potentially requiring a lifetime of medical care. When you make a claim, you hope that the insurance company won’t stand in your way of recovery.

Unfortunately, insurance adjusters do not work in your favor. They are trained to reduce the amount their company pays out. If you have been injured, get ready: Insurers will pull out all the stops to deny or devalue your claim.

This guide reveals the sneaky tactics insurance adjusters use in spine injury claims, and provides you with practical methods to protect your health, money, and legal rights.

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Why Spinal Cord Injury Cases Are Contested So Aggressively

Spinal cord injuries are frequently brought for high stakes settlements or verdicts because:

Permanently limit mobility or independence

Need surgery, physical therapy and lifelong care

Prevent an individual from getting back to work or their daily life

Include long-term pain, misery, and psychological anguish

There is so much money at stake that insurance providers are among the most intractable opponents when it comes to accidents resulting in a spinal injury. Below is a list of the dirty tactics that insurance adjusters may use.

Pre-Existing Conditions Defense to the Injury

One of the most common scumbag adjuster moves is to claim that you had pre-existing spinal issues such as:

Herniated discs

Degenerative disc disease

Previous back pain or chiropractic care

They will argue and say, "Oh, you have a pre-existing spinal condition” if the spinal injury is a new one, or one that you had prior to the accident.

How to Protect Yourself

Tell the truth about prior back or neck problems

Have your physician detail precisely how the accident worsened or exacerbated your condition.

Support your serious personal injury case with diagnostic imaging (MRI, CT scans)

Delaying the Claims Process

The delays are just a ploy to get you frustrated or in financial straits so you cave on a lowball offer.

Adjusters may:

Request duplicate documents

“Lose” paperwork

Say they’re still “reviewing” your health records

Ignore your calls and emails

It’s even more damaging when you are unable to earn a living and bills are piling up.

How to Protect Yourself

Good records of calls to the insurance report.

Follow up with written email to keep a record

Employ a solicitor who can enforce statutes of limitations and initiate a lawsuit if necessary.

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Downplaying Your Injury

Spinal cord and spine injuries are not always visible on the outside, so adjusters frequently downplay the extent of your injuries.

They may claim:

You are overstating pain or mobility issues

Your treatment is “excessive” or not needed

"You should be well by now."

This is a set up for a low-ball offer or flat out denial based “insufficient medical evidence.

How to Protect Yourself

Adhere closely to your doctor’s treatment plan

Go to every appointment, even physical therapy.

Keep track of how you feel each day, including pain, limitations, and how your pain is interfering with your normal daily activities

If possible, obtain medical records to show that the prognosis in the long-term is relatively hopeful.

Requesting a Recorded Statement

Many adjusters will seek a recorded statement to “get your side of the story.” In reality, they want to:

Catch inconsistencies in your timeline

Get you to minimize your pain

Argue causation in your own words

Anything you say anything, even casually may be and will be used against you down the road.

How to Protect Yourself

Consider politely declining to provide a statement on tape

Communicate only through your attorney.

Never guess your state or blame yourself.

Offering a Fast, Lowball Settlement

If your claim is strong and if you’ve suffered a spinal cord injury, an adjuster may offer you fast money to get you to settle your case before you realize just how badly you’re hurt. But accepting a fast settlement frequently underestimates long-term medical and therapy requirements and leaves you with future surgeries and aids.

How to Protect Yourself

Never settle without knowing your complete diagnosis

Wait until you get an MRI

Consult with an attorney to determine your future costs, such as lost wages, in-home care, and pain and suffering.

Disputing Liability to Avoid Paying

Other times, rather than disputing the injury, the adjuster will deny his client is at fault.

They may claim:

"You were at least partially at fault!"

Another party is at fault (and you should sue them instead)

Because you took the chance (as in sports or work).

In spinal cord injury lawsuits, blame shifting is a favorite strategy to escape potential big paydays.

How to Protect Yourself

Keep all evidence of the accident, such as photos, incident reports and witness contact information.

Don’t admit responsibility right there and then or in a statement.

Have your lawyer find out and prove causation and the at fault party.

In spinal cord injury lawsuits, blame shifting is a favorite strategy to escape potential big paydays.

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Using Biased Medical Reviews

Most of the time a private medical examiner (PME) or insurance hired medical doctor (IME) is employed to look over your condition. Such doctors are often retained by

The insurer and may:

Downplay your injuries

Claim you’re exaggerating symptoms

Recommend minimal treatment

These reports are subsequently employed to support claim rejections or undervalued claims.

How to Protect Yourself

Be seen by your own doctor or specialist, not one appointed by the insurance company.

Take a witness to IME appointments.

Ask for copies of all medical reports and challenge biased decisions with proof.

Why You Need a Spine Injury Lawyer

The damage to your spine could last a lifetime. An experienced personal injury attorney can:

Fight back against insurance tactics

Correctly measure short-term and long-term harm

Connect you with medical experts

Get you the maximum possible settlement or trial award

Spinal cord injury claims are high-stakes and insurance companies will spare no effort to pay you less than you are owed. From blaming your pre-existing conditions to convincing you that your injury isn’t so bad to pitching a quick settlement, their tactics are calculated — and they’re tough.

Know the tricks. Protect your rights. Work with a personal injury lawyer who has experience with spinal cord injuries to receive the maximum compensation you can.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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