You Can Judge Some Books By Their Cover

Low-impact auto accident cases are increasingly common in personal injury litigation. You will know one when you see one: the property damage to the vehicles is often minimal, yet plaintiffs allege significant or long-lasting injuries. For insurers and defense counsel, these cases present a frustrating challenge: juries must be persuaded to look beyond the claimed injuries and carefully evaluate whether the mechanism of the accident could realistically have caused the alleged harm. Even in a case of likely liability, the jury shouldn’t assume injury automatically exists.

We encourage claim handlers to focus on objective evidence. Photographs of the vehicles, repair estimates, and accident reports can provide important context regarding the severity of the impact. So can body cam footage, photographs, or even witness statements observing the soon-to-be Plaintiff walking, stooping, conversing, and making phone calls.  Careful examination of medical records is also critical – eager plaintiffs exaggerate injuries that are incompatible with objective tests and the observations of doctors and nurses. A plaintiff’s social media accounts may also provide evidence the plaintiff is far more able to live a normal life than she reports to her doctors (or lawyers).  Don’t abandon common sense either.  Always ask yourself if the accident provides a “mechanism for injury” that is remotely consistent with the plaintiff’s condition.

Ultimately, these cases often turn on credibility. Plaintiffs may argue that vehicle damage does not necessarily correlate with bodily injury, and juries may be sympathetic to someone claiming ongoing pain. For that reason, effective cross-examination, clear presentation of the physical evidence, and a cohesive narrative about how the accident occurred can be key to a successful defense. A credible defendant driver is also important to explain plaintiff’s behavior at the scene if it’s inconsistent with plaintiff’s account of the accident.  In our experience, jurors want to believe both sides until they have a reason not to.  Win the credibility battle and show the plaintiff has needlessly exaggerated her condition.  These tools are equally effective for settlement or trial.

To talk more about how to investigate and negotiate these claims, please contact me or any member of our litigation group.

Kendall L. Fann is an associate in the firm’s Birmingham office and focuses her practice on insurance defense, including construction, automobile accidents, trucking, and premises liability matters. She has represented businesses regarding claims of discrimination, ADA violations, and contract dis­putes.

About Christian & Small

Christian & Small LLP serves a diverse client base across Alabama, the Southeast, and nationwide, including individuals, closely held businesses, and Fortune 500 companies. By pairing highly experienced lawyers with specific client needs, Christian & Small creates innovative, effective, and efficient solutions tailored to each client. With offices in Birmingham, metro-Jackson, Mississippi, and the Gulf Coast, Christian & Small specializes in litigation and business law, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Certified Plus Law Firm. Our corporate social responsibility initiatives focus on education, and diversity remains one of Christian & Small's core values.

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