What Does Delay, Deny, Defend – and Now Devalue Mean? How Insurance Companies Undermine Personal Injury Claims

The tactics employed by insurance companies to undermine personal injury claims are no secret, particularly among experienced attorneys. A story that continues to resonate in the legal community involves a sign reportedly displayed in the break room of a prominent insurance defense firm in downtown Chicago. The sign read: “Delay, Deny, Defend.” This simple yet bold declaration encapsulated the firm’s approach to handling claims—aggressively protecting the insurer’s bottom line, often at the expense of injured victims.

While the “Delay, Deny, Defend” strategy is widely recognized, it’s the fourth tactic—Devalue—that has become perhaps the most insidious. According to Merriam-Webster, devalue means “to reduce or underestimate the worth or importance of something.” In the context of personal injury claims, devaluation is the quiet, calculated effort to strip away the value of a plaintiff’s case. It doesn’t involve outright denial or visible opposition but instead relies on a methodical process of dismantling a claim’s value piece by piece. Subtle and often unnoticed until the final settlement offer arrives, devaluation is entirely designed to leave plaintiffs with far less compensation than they deserve.

Moreover, advances in technology, including AI-driven programs like Colossus, have normalized the tactic of devaluation, allowing it to exist in the open. The insurance industry has proudly standardized its use in undervaluing personal injury claims through automated algorithms. Insurance companies and defense attorneys rely on devaluation in nearly every case, using these tools to obscure the human impact of painful injuries and minimize payouts—all while appearing objective and data-driven.

Understanding how devaluation works is critical for injury victims. Below, we delve into the five primary ways insurance companies devalue personal injury claims and explore how experienced attorneys counter these strategies to ensure their clients receive the justice and compensation they deserve.

This blog is part of the “Delay, Deny, Defend” series, in which we explore tactics used by the insurance defense industry to delay, deny, defend, and devalue personal injury cases. These blogs discuss the tactics employed by insurance companies, providing valuable insights from seasoned injury attorneys.

1. Downplaying the Severity of Injuries

One of the most common tactics insurance adjusters use is minimizing the impact of a plaintiff’s injuries. They may argue:

• The injuries are preexisting or unrelated to the accident.
• The treatment is unnecessary, excessive, or unrelated.
• The plaintiff is exaggerating their pain and suffering.

Example in Action

Jane, a 42-year-old teacher, suffered a herniated disc after being rear-ended by a distracted driver. Despite clear medical documentation from her treating physician, the insurance adjuster claimed her pain stemmed from a pre-existing condition and was unrelated to the accident. The adjuster then offered a settlement that didn’t even cover Jane’s immediate medical expenses, let alone her pain and suffering.

How Experienced Injury Attorneys Counter This Tactic

Experienced Illinois personal injury attorneys work closely with treating physicians to establish the severity and cause of injuries. They collect detailed medical records, imaging results, and expert testimony to refute claims that injuries were preexisting or exaggerated. When insurance companies bring in their own biased “independent” medical reviewers, skilled attorneys expose inconsistencies and conflicts of interest through rigorous cross-examination.

2. Questioning Liability

Insurance companies often try to create doubt about fault, even in seemingly clear-cut cases. If they can convince a jury—or even a plaintiff—that liability is uncertain, they can dramatically reduce the value of a claim. Tactics include:

• Arguing that the plaintiff was partially responsible for the accident.
• Suggesting a third party was responsible.
• Asserting that there’s insufficient evidence to establish fault.

Example in Action

In a case involving a pedestrian hit in a crosswalk, the insurance company argued the victim had crossed against the light. By sowing doubt, the insurer attempted to shift 50% of the liability onto the victim, reducing their potential payout under Illinois’ comparative negligence laws.

How Knowledgeable Illinois Injury Lawyers Fight Back

Attorneys gather and preserve evidence such as police reports, photos, videos, and witness statements to build an airtight case for liability. They may also work with accident reconstruction experts to provide detailed analyses of the incident. By proactively addressing liability disputes, experienced attorneys ensure insurers can’t exploit uncertainty to devalue a claim.

3. Lowballing Economic Damages

Economic damages like medical bills, lost wages, and out-of-pocket expenses should be straightforward to calculate. However, insurers frequently undervalue these damages, arguing:

• Medical costs are inflated or include unrelated treatments.
• Lost wages are exaggerated or unsupported by documentation.
• Future medical expenses or diminished earning capacity are speculative.

Example in Action

Tom, a delivery driver, suffered a back injury that required surgery and months of physical therapy. While his doctor projected he would need additional surgeries and ongoing care, the insurer dismissed these as “uncertain” and refused to include them in their settlement calculations, slashing Tom’s potential recovery by tens of thousands of dollars.

How Exceptional Trial Attorneys Guard Against This Tactic

The best personal injury attorneys collaborate with medical experts and economists to calculate both current and future economic damages. By presenting detailed documentation and expert testimony, they ensure jurors or negotiators understand the full financial impact of the injury, preventing insurers from underestimating these costs.

4. Undermining Pain and Suffering

Pain and suffering damages are a prime target for devaluation because they are subjective and harder to quantify. Adjusters often argue:

• Pain levels are exaggerated and unsupported by medical evidence.
• Injuries have not significantly impacted quality of life.
• Compensation for physical discomfort should be minimal.

Example in Action

Sarah, a nurse, experienced debilitating back pain and limited mobility after being hit by a drunk driver. Despite undergoing multiple surgeries and physical therapy, the insurer argued her pain wasn’t severe enough to warrant significant compensation, offering a settlement focused solely on her medical expenses.

How The Best Personal Injury Lawyers Counter This Tactic

Experienced accident attorneys emphasize the tangible, physical effects of pain and suffering through detailed medical records, expert testimony, and compelling narratives. They highlight how injuries limit mobility, disrupt daily routines, and hinder basic activities. Attorneys ensure jurors or negotiators understand that pain and suffering go beyond discomfort—they profoundly alter a person’s life.

5. Exploiting Delays

Delays are one of the most effective tools insurers use to devalue claims. By dragging out the process, they hope to wear plaintiffs down emotionally and financially, pressuring them into accepting lower settlements. Delay tactics include:

• Repeatedly requesting additional or duplicate documentation.
• Rescheduling depositions or court hearings.
• Prolonging negotiations until plaintiffs become desperate for closure.

Example in Action

Mark, a small business owner, was injured in a car accident and faced mounting medical bills. The insurer delayed negotiations for over a year, scheduling unnecessary depositions and claiming they needed more time to review documentation. Financially strained, Mark felt pressured to accept a settlement that didn’t fully cover his damages.

How Top Personal Injury Attorneys Counter This Move

Experienced litigation attorneys push back against delays by filing motions to compel, setting mandatory trial dates and holding insurers accountable for stalling tactics. They keep cases moving efficiently while providing clients with updates and support, ensuring the process remains on track despite the insurer’s attempts to derail it.

The Importance of Fighting Devaluation

Devaluation is the silent thief in personal injury claims. While delays, denials, and defenses are more visible, devaluation often happens subtly, as insurers chip away at claims piece by piece. Plaintiffs who lack experienced representation risk losing tens of thousands—or even hundreds of thousands—of dollars in rightful compensation.

“Devaluation is where insurers save billions at the expense of injury victims. It’s what insurance company lawyers spend most of their time and resources doing—crafting arguments and strategies to prevent plaintiffs from getting what their personal injury claim is truly worth. This tactic has provided insurance companies with unfair rewards at the expense of individuals who are already struggling to recover from devastating injuries. Our job as plaintiff attorneys is to fight back relentlessly against these tactics and ensure every client receives the full measure of justice and compensation they deserve.” – Naperville personal injury attorney, John J. Malm

How John J. Malm & Associates Can Help with Your Personal Injury Case

At John J. Malm & Associates, our top-rated Illinois personal injury lawyers have over 90 years of combined experience successfully advocating for injured clients across Illinois. We’ve recovered millions in compensation for plaintiffs by identifying and countering the tactics insurers use to devalue claims.

Why Choose Us?

• Proven Results: Our record speaks for itself, with countless successful outcomes for injury victims.
• Comprehensive Advocacy: From thorough investigations to expert negotiations, we handle every aspect of your case.
• Client-Focused Approach: We understand the challenges you face and are here to guide you every step of the way.

If you or a loved one has been injured in an accident, don’t let insurance companies devalue your claim. Let us fight for the justice you deserve. Contact us to schedule your free consultation. Your justice starts here.