Big rig wrecks can be complicated events, from determining what happened and why to dealing with the injuries caused as a result. These type of personal injury cases are unique in many ways, especially when dealing with insurance companies. When accident claim cases go to trial, truck wreck lawyers are bound by law to withhold certain insurance information that could affect the outcome of the case.
Insurance Information Withheld from Jurors
Injury claims filed due to big rig wrecks often go to trial when insurance companies and claimants cannot agree on issues such as fault and the amount of compensation. These court proceedings are heard before a jury in the hopes that jurors will make the most fair judgment on the issues and come to a final settlement decision. Yet one detail that many people many not be aware of is that truck wreck lawyers and personal injury attorneys cannot reveal to the jury the fact that insurance companies are involved. Jurors are not permitted to know who has insurance and who does not, or how much coverage is available if insurance is applicable.
Why Is Insurance Information Withheld?
The goal of any jury trial is for a person who was injured as the result of big rig wrecks receive the most fair accident settlement possible. These cases frequently involve claimants who have received serious and even life-altering injuries and can become emotional. The theory behind withholding the fact that the defendant, whether a person, company, or both, there is insurance coverage to pay accident damages is because this knowledge could sway a juror’s idea of a fair settlement amount.
The opinion is that if jurors are aware that the settlement will come from a big insurance company, they are more likely to award larger settlements. This definitely works in favor of most insurance companies, who are sometimes able to avoid paying higher settlements because the availability of insurance is kept out of the proceedings.
Withholding Information Can Work Against Claimants
Unfortunately, while understanding the purpose of the law, many lawyers who handle truck wreck claims find that withholding this information can work against deserving claimants. In the same way that having the knowledge that an insurance company is there to pay whatever amount is awarded can encourage inflated settlements, on the flip side jurors with the impression that there is no insurance company may be more likely to award smaller settlements. The attempt to keep the jury’s perception of a case as fair as possible can still inadvertently allow that perception to be swayed in the opposite direction.
The issue of withholding insurance information is one that can complicate already complex circumstances for those injured in big rig wrecks. If anything, this detail should illustrate the importance of working with experienced truck wreck lawyers who understand how this rule can affect an injury settlement and know how to protect a claimant’s interests. Lawyers must be able to convince jurors that despite any preconceptions about insurance companies, their clients deserve a proper settlement to compensate for their injuries as well as their pain and suffering!
Hildebrand & Wilson, LLP
Robert W. Hildebrand, Attorney at Law
J. Daniel Wilson, Attorney at Law
7830 Broadway, Suite 122
Pearland TX 77581
Phone: (281) 408-2190