How Insurance Companies Downplay Injury Claims and What You Can Do About It

Introduction

In this debut episode of Benson on Injury Law, Paul Benson shares real-world insight into how insurance companies minimize personal-injury claims and what injured people can do to protect themselves. With more than a decade of experience helping Wisconsin residents recover compensation after serious injuries, Paul breaks down the deceptive tactics insurers use and explains how getting legal help early can make all the difference.



How did Paul Benson begin his career in personal-injury law?

Paul Benson didn’t start out planning to be a personal-injury lawyer. After graduating law school, his first job was at a firm in Phoenix handling document reviews for a software company. He quickly realized that the work lacked purpose.

Everything changed when he helped an injured woman whose knee was severely hurt by a fallen table at a steakhouse. The restaurant’s corporate owner denied responsibility, but Paul Benson took the case to trial and won a six-figure verdict. The experience showed him the power of standing up for real people against large corporations—and he was hooked. Since then, he has spent more than 15 years representing injured clients and litigating personal-injury cases exclusively.

What types of injury cases does Paul Benson handle?

Based in Janesville, Wisconsin, Paul Benson and his firm handle a wide range of injury cases across South-Central Wisconsin. Most of their work involves car accidents and dog-bite injuries, but they also represent clients injured in hotels, theme parks, ski hills, and even unusual cases such as chainsaw-related injuries at events.

His focus remains consistent—helping people who are hurt because of someone else’s carelessness and who are often told by insurance companies that they don’t have a valid claim.

How do insurance companies minimize or devalue claims?

One of the biggest tactics Paul Benson sees from insurance companies is quick settlements. Many carriers attempt to close cases within 48 to 72 hours by offering $1,000 to $1,500 before the injured person knows the full extent of their damages.

Through discovery in a bad-faith lawsuit, Paul Benson once uncovered an internal term used by insurers—“ESO” (Early Settlement Opportunity)—which refers to cases they try to settle before claimants realize how serious their injuries are.

These early settlements may seem convenient, but they often leave victims stuck with unpaid medical bills and lost wages far exceeding the settlement amount.

What are false deadlines and pressure tactics used by insurers?

Insurance companies often create a false sense of urgency. They tell victims that a settlement offer will “expire soon” or that their claim will be “closed.” According to Paul Benson, this is meaningless. The statute of limitations for most injury cases in Wisconsin is three years, and an insurance company can’t simply close a claim to take away a person’s rights.

Another deceptive tactic involves setting time limits on covering medical bills—such as offering to pay only for treatment within 30 days. Since medical billing can take months, these limits often result in unpaid expenses that the victim must later cover themselves.

How do insurers delay claims to wear people down?

If a person refuses an early settlement, the insurance company often flips the strategy: they delay the claim. Adjusters might frequently change, forms get “lost,” or unnecessary documentation is requested. These deliberate delays can stretch for months, frustrating the claimant into accepting less money just to end the process.

Paul Benson emphasizes that these aren’t coincidences—they’re calculated moves designed to save insurers money.

Why should you avoid speaking directly to adjusters?

Paul Benson advises injured people not to give recorded statements to insurance adjusters. Early in a claim, adjusters may seem friendly and simply ask for details “to help process the case.” In reality, they’re trained to get victims to downplay their injuries. Those statements are often used later to weaken or deny claims.

Getting a lawyer involved early can prevent those mistakes. Once represented, all communication must go through the attorney, protecting the client from manipulation and stress.

Why does hiring a personal-injury lawyer early make a difference?

Many people hesitate to contact a lawyer because they fear high costs or believe they can handle things on their own. Paul Benson explains that his firm works on a contingency-fee basis—meaning there are no upfront fees. The firm only gets paid if they win or settle the case.

This arrangement allows injured people to get professional help without financial risk. It also levels the playing field against large insurance companies that have teams of attorneys and access to massive amounts of data used to minimize payouts.

What tactics are inside the insurance adjuster’s playbook?

Insurance adjusters use two main personas: the friendly helper who earns a victim’s trust and the rude skeptic who frustrates them into settling for less. Both tactics serve the same goal—to protect company profits.

Paul Benson reminds listeners that adjusters don’t work for the injured person; their duty is to shareholders. Every dollar they save increases the company’s bottom line.

What’s an example of standing up to a denied brain-injury claim?

Paul Benson recalls a case involving a client who suffered a severe brain injury after a car crash. Despite medical proof from the Mayo Clinic, the insurance company refused to acknowledge the injury for nearly two years. Only when trial approached did they finally agree to a settlement nearing one million dollars. This case shows how persistence and skilled legal advocacy can make all the difference when insurers deny legitimate claims.

How does legal representation change everything?

Once a lawyer like Paul Benson takes over a case, insurance companies are legally prohibited from contacting the client directly. This not only reduces stress but also ends the constant calls and pressure tactics. Many clients tell him that once his firm steps in, the harassment stops almost immediately—and the insurer starts taking the claim seriously.

Why shouldn’t injured people wait to seek legal help?

Paul Benson encourages anyone injured in Wisconsin to reach out for a free consultation. Meeting with a lawyer doesn’t commit you to anything, but it gives you clarity and protection. If a case isn’t a good fit, he’s honest about it. But when the firm can help, they stay by the client’s side every step of the way to pursue justice and fair compensation.

What’s the key takeaway from this episode?

Insurance companies have one mission—protect profits. Paul Benson’s mission is the opposite: to protect people. By understanding how insurers operate and getting legal help early, injured individuals can prevent being taken advantage of and secure the compensation they deserve.

For more information or to schedule a free consultation, visit PaulBensonLawFirm.com.