"But I have a legitimate claim"
You’re an overseas civilian contractor that has had a serious injury while overseas. You have a legitimate injury, but the Defense Base Act insurance company is lying. They are saying that you weren’t really injured. Or they are saying that your injuries aren’t really as bad as they are. Or they’re saying that you don’t have a loss of wage earning capacity. Or, even worse yet, they’re lying about your credibility.
What you probably don't realize is that the DBA insurance company den legitimate claims all the time. Just because you have a legitimate claim, doesn't mean they won't deny your claim. This happens all the time.
“I give you an insider’s view of the DBA. I don’t sugar coat it for you. I give it to you straight. No lawyer talk, no double talk.
Defense Base Act Lawyer - Bill Turley
What type of person are you? There are no directions for a DBA case (except my 5 Star book)
There are two types of people in the world. First, is the type of person that will read the directions before they use a new product, electronic device or gismo.
Second, is the type of person that will figure it out for themselves and if and only if they can’t figure it out, they will maybe look for the directions. Maybe. Sound familiar?
Taking either one of these approaches can be disastrous for your Defense Base Act case. First, other than my 5 Star book (which you can buy here on amazon.com or you can get a free copy here) - there really aren’t any directions for your DBA case.
Which the DBA insurance company loves because they are trying to find ways to deny your claim. They’re hoping you make one of the mistakes that well-meaning folks with legitimate claims make all the time, so they can deny your claim and not pay you your DBA benefits.
Second, this is why you probably need the best, honest DBA lawyer that will agree to take your case. I suggest you check out this article on the Top 10 DBA Questions (See Questions 2, 3, 4, and 6....they’re about why DBA lawyers and the like...).
If they think you're lying, they'll probably deny your DBA claim
If the insurance believes that you’re lying then your DBA claim will likely be denied. The only way to prevent this is to be on top of your DBA claim from the very beginning. This is why, unlike many accident claims, with a DBA case, you really need to make sure you don’t make any of the mistakes that folks commonly make with their Defense Base Act Case.
This is why you should get a copy of my book - Win your Defense Base Act Case before you talk to the DBA insurance company adjuster, give a written or recorded statement, sign any forms, or even hire the wrong Defense Base Act lawyer.
What you are going to see is that the book Win Your Defense Base Act Case is packed with insider information that will help you win your case. The big picture here is that now that you are injured you have a court case. You can depend on the DBA insurance company attacking you, your character and credibility. It's how they roll. They will do all of that in order to keep from paying you the money benefits that you are entitled to under the law.
My book is an insider’s view of the DBA and it’s eye-opening in how it will help you first understand the DBA system and second make common mistakes that can result in the DBA insurance company denying your claim.
You can read and try to learn the Defense Base Act yourself, or read the my much more reader friendly and helpful book.
If the DBA insurance company is already saying that you’re lying, then you need to double-down, so to speak, to make sure you don’t make any additional mistakes. Meaning, you have to be extra careful that you don't make any additional mistakes.
Identify the lies
First, you have to identify the lies. That is, what they are saying about you that simply isn’t true.
Have they filed a Notice of Controversion?
Usually the DBA insurance company will file a Notice of Controversion - LS-207 when they deny your claim. There is a space on the form for them to provide a reason for denying your claim. Usually what they put there is telling.
Avoid arguments with the adjuster
Or the adjuster could have told you about how they are “defending” your claim. If this happens, be calm and avoid arguments. Avoiding confrontation with the DBA insurance adjuster is best course. You will oftentimes say something that you will regret when you argue with the adjuster. It’s not a good idea.
Don’t make it personal
No matter what the adjuster says to you, I strongly suggest that you never, ever make it personal with the adjuster. It may be personal to you - when they’re lying about your claim or your character. But making it personal with them is always a bad idea.
They have a lot of claims. When you make it personal, they will have more motivation to deny your claim. That’s not good.
What is the basis for the lie?
Second, once you have identified the lie, you should try and determine the basis for the lie (I could call it an “untruth” or “untruthful evidence," or whatever to make it sound more politically correct. But, the bottom line is that it’s a lie. So why call it something else?
Disproving the lies
Third, can you “disprove” the lies? That is, what evidence (don’t ever lose sight of the fact that this is a court case and you are going to win or lose your case with “evidence”) do you have or could you get that would prove that whatever the insurance company is saying about you simply isn’t true?
At this point we could “what if” this until the cows come home. But that isn’t really needed at this point.
It all depends on what the DBA insurance company is relying on.
The point here is that usually some type of action is needed. Most of the time, taking an ostrich approach and trying to ignore what is going on in hopes that it will go away is usually not the best course of action.
Not to sound all self-serving, but now is a good time to be discussing this with the best DBA lawyer that you can find that will agree to take your case.
This is usually not the time for you to “take things in your own hands, so to speak. I suggest you immediately consult with a really good lawyer before you respond.
The short answer here is that when the DBA insurance company is lying about your DBA claim, it is time to lawyer up. You don’t have to worry about paying your DBA lawyer.
I suggest that you don’t do anything until you research how to find the best DBA lawyer. I also cover this in my 5 Star book - Win Your Defense Base Act Case.
When the DBA insurance company is lying about your claim, you need to be putting your resources into finding the best, honest DBA lawyer that will agree to accept your case. And you need to putting your time into helping put together the evidence needed to win your case.
Always tell the truth
You will be telling your story again and again when you have a DBA case. Make sure your story is truthful and consistent. This is why I advise that you don’t talk to the DBA adjuster. They are trained to ask question in different, leading ways that are designed to make it appear that you are being inconsistent.
They certainly aren’t trying to help you
Keep in mind that the DBA insurance company is not on your side. They only make money when they deny claims. Whatever they pay you, comes right off their bottom line. So they are always looking for reasons and ways to deny claims. It doesn’t matter if you have a legitimate claim or not. They are looking for inconsistencies. You need to know what you’re up against.
Why you shouldn’t do anything until you read my book - Win Your Defense Base Act Case
I strongly suggest that you don’t do anything regarding your DBA case until you read my book. In fact, many of the reviews on amazon.com will tell you the same thing. There is a reason for that. It’s because you need to know about the ways the DBA insurance company is going to try and trick your and trap you before you make one of these case ending mistakes.
Don’t talk to the adjuster, sign any forms (never sign any releases), give a recorded statement, go to your next medical appointment, go the defense medical examination (also called an IME), attend an informal conference, go to a Labor Market Survey appointment, give a deposition, hire the wrong Defense Base Act attorney, or do anything else related to your Defense Base Act Case until you read my book - Win Your Defense Base Act Case.
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This article isn't legal advice
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful folks might have hoped for.
Just because we have gotten great results in so many other Defense Base Act cases, doesn't guarantee in particular result in other cases. Including, your DBA case. Every case is different.