Negligence Hidden? How Companies Conceal Fault in Injury Cases

Every year, millions of people are injured due to someone else’s negligence. While some accidents are unavoidable, many stem from preventable actions or inactions. In 2023, U.S. private industry employers reported 2.6 million nonfatal workplace injuries and illnesses. When negligence leads to injury, victims have the right to seek compensation. However, some companies go to great lengths to conceal their fault, making it difficult for victims to receive the justice they deserve. This article explores the ways companies conceal negligence in injury cases and what you can do if you suspect foul play.

The Duty of Care: A Foundation of Negligence Law

At the heart of every negligence case lies the concept of “duty of care.” This legal principle dictates that individuals and organizations must act reasonably to avoid causing harm to others. For example, drivers have a duty to obey traffic laws, property owners must maintain safe premises, and doctors must provide competent medical care. When this duty is breached, and someone is injured as a result, negligence occurs.

To prove negligence, a plaintiff must establish four key elements:

Duty of Care: The defendant owed a legal duty to the plaintiff.
Breach of Duty: The defendant failed to meet the required standard of care.
Causation: The defendant’s breach directly caused the plaintiff’s injuries.
Damages: The plaintiff suffered actual losses as a result of the injury, such as medical expenses, lost wages, and pain and suffering.

Methods Companies Use to Conceal Negligence

Unfortunately, some companies prioritize profit over safety and actively work to conceal their negligence after an accident. These tactics can range from subtle obfuscation to outright fraud. Here are some common methods companies use to hide their fault:

Destroying or Altering Evidence: One of the most egregious tactics is destroying or altering evidence that could prove negligence. This might include deleting surveillance footage, tampering with accident reports, or destroying defective products.
Intimidation and Silencing of Witnesses: Companies may try to intimidate or silence witnesses to prevent them from coming forward with damaging information. This can involve threats of job loss, demotion, or other forms of retaliation.
Misrepresenting Facts: Companies may misrepresent the facts of the incident to downplay their role in the injury. This can involve lying to investigators, manipulating witness statements, or providing misleading information about safety procedures.
Exploiting Legal Loopholes: Companies may exploit legal loopholes or technicalities to avoid liability. This can involve arguing that the victim was partially at fault, claiming that the injury was pre-existing, or misinterpreting policy terms.
Delaying the Claims Process: Insurance companies, in particular, may delay the claims process to frustrate victims and pressure them into accepting a lower settlement or abandoning their claim altogether.
Offering Lowball Settlements: Insurers may offer a quick, low settlement soon after the injury, hoping the injured party will accept it before understanding the full extent of their injuries or damages.
Surveillance and Investigation: Insurance companies might use surveillance to monitor the injured party’s activities, looking for evidence that contradicts their injury claims. They may also scrutinize social media accounts for posts or photos that they can use to argue the injury is not as severe as claimed.
Denying Liability: Hospitals and insurance companies may deny liability for medical malpractice, arguing that the medical care provided was within the standard of care or that the harm suffered was not a direct result of medical negligence.

The Role of Insurance Companies

Insurance companies play a significant role in personal injury cases. They are expected to provide financial coverage when their insured party causes harm to another. However, insurance companies are businesses, and their primary goal is to maximize profit. As such, they often employ tactics to minimize payouts to victims.

Some common tactics insurance companies use to deny or devalue claims include:

Denying Fault: The insurer might dispute who is at fault in the accident, shifting blame onto the injured party or suggesting shared responsibility.
Minimizing Injuries: Insurers often question the extent of the injuries, suggesting they are less severe than claimed or that they were pre-existing conditions.
Misrepresenting Policy Terms: Insurers may misinterpret or misrepresent the policy terms to suggest certain damages or injuries are not covered.
Technical Denials: Insurance companies may deny claims for failing to meet deadlines or due to technicalities in paperwork.

Uncovering Concealed Negligence: What You Can Do

If you suspect that a company is concealing negligence in your injury case, it’s crucial to take action to protect your rights. Here are some steps you can take:

Seek Medical Attention: Prompt medical attention is essential for documenting your injuries and establishing a clear link between the accident and your harm.
Document Everything: Keep detailed records of the accident, your injuries, and any communication with the company or its representatives. Take photos of the accident scene, damaged property, and your injuries.
Consult with an Attorney: An experienced personal injury attorney can investigate your case, gather evidence, and help you navigate the legal process. They can also identify potential instances of concealed negligence and take steps to uncover the truth.
Gather Evidence: Collect any evidence that supports your claim, such as witness statements, accident reports, and safety records.
Be Careful What You Say: Avoid discussing your case with anyone other than your attorney. Be especially cautious when speaking with insurance adjusters, as they may try to use your words against you.
Be Aware of Social Media: Insurance companies can monitor social media accounts to find evidence they can use against claimants. For this reason, it’s best to avoid social media while your personal injury claim is pending.
Consider Expert Witnesses: In complex cases, expert witnesses can provide valuable testimony to help establish negligence and causation. For example, an accident reconstructionist can analyze the accident scene to determine how it occurred, while a medical expert can testify about the extent of your injuries and their cause.

The Importance of Expert Witnesses

Expert witnesses play a crucial role in negligence claims, especially in cases involving complex or technical issues. They have specialized knowledge, skills, or experience in a particular field relevant to the case. Expert witnesses can help clarify complex facts, interpret technical data, and explain professional practices that the average person might not readily understand.

In cases involving medical malpractice or professional negligence, expert witnesses can testify about the standard of care expected in the relevant profession and whether the defendant met or breached those standards. They can also provide opinions on whether the defendant’s actions caused the plaintiff’s injuries.

Fraudulent Concealment and the Statute of Limitations

In some cases, companies may conceal their negligence so effectively that victims don’t discover the truth until after the statute of limitations has expired. The statute of limitations is the time limit for filing a lawsuit. However, the doctrine of fraudulent concealment may toll (or pause) the statute of limitations, giving victims more time to file a claim.

To establish fraudulent concealment, a plaintiff must prove that the defendant took affirmative action to conceal the cause of action or remained silent and failed to disclose material facts despite a duty to do so. The plaintiff must also prove that they could not have discovered the wrong despite exercising reasonable care and diligence.

State Negligence Laws

Negligence laws vary from state to state. Some states follow the rule of contributory negligence, which bars plaintiffs from recovering damages if they are even slightly at fault. Most states follow some form of comparative negligence, which allows plaintiffs to recover damages even if they are partially at fault, but their compensation is reduced by their percentage of fault.

Understanding the negligence laws in your state is crucial for determining your rights and options.

Conclusion

Concealed negligence is a serious problem that can prevent injury victims from receiving the compensation they deserve. By understanding the tactics companies use to hide their fault and taking proactive steps to protect your rights, you can increase your chances of obtaining a fair settlement and holding the responsible parties accountable. If you believe a company has concealed negligence in your injury case, consult with an experienced personal injury attorney as soon as possible.