You've probably seen the pitch. A personal injury lawyer says they spent years defending insurance companies, so they “know the defense playbook” and can use it against the insurer for you.
It sounds like inside information. It isn't. There's no secret defense playbook. Any plaintiff's lawyer who has filed suits and tried cases against defense lawyers already knows exactly how insurance companies fight injury claims, because we face it on every case.
I've been doing this for over a decade. I've filed more than 300 lawsuits, tried cases as first chair in state and federal court, and recovered over $75 million for injured people. I have never represented an insurance company.
Is There Really a “Defense Playbook”?
No, not a secret one. Insurance companies use the same handful of tactics on almost every injury claim, and none of them are hidden. Here's the playbook:
| Defense tactic | What it sounds like | How you learn to beat it |
|---|---|---|
| Cutting your medical bills | “These charges are unreasonable.” | Billing evidence and provider testimony, case after case |
| Fighting causation | “This crash couldn't cause that injury.” | Treating doctors and the medical record, built from day one |
| Pre-existing conditions | “That's just degeneration. You had it before.” | Showing what changed after the crash |
| Gaps in treatment | “If you were really hurt, you'd have kept going to the doctor.” | Explaining the gap before they use it |
| The defense medical exam | A doctor they hire says you're fine | Deposing that doctor and showing who pays them |
| Surveillance and social media | One photo of you smiling at a barbecue | Preparing clients early and putting the photo in context |
| Blaming you | “You were speeding.” “You weren't paying attention.” | Evidence, witnesses, and Colorado's comparative fault rules |
| The lowball first offer | A quick check before you know what your case is worth | Filing suit when the offer doesn't match the case |
If you want the longer version of that last one, I wrote about what to do when the first offer is too low.
Where Do Plaintiff's Lawyers Learn the Defense Playbook?
The same place defense lawyers do: in the case. Every deposition, every defense medical exam, every motion, and every trial shows you exactly how the other side works.
When you file suit, you see the defense up close. You read their discovery requests. You depose their experts. You watch them try to shrink your client's injuries in front of a jury. After 300 lawsuits, there isn't much left that surprises me.
Doesn't a Former Defense Lawyer See the Inside of the Insurance Company?
That's the real selling point, so it's worth answering directly. The inside of an injury claim is the claim file: the adjuster's notes, the injury reports from the claim valuation software, the reserves (the money the insurer sets aside to pay the claim), and how all of that changes over time.
I've seen all of it, from the other side. I've sued insurance companies for bad faith over how they treated their own insureds: my clients' own insurance companies, and in one case, the insurer that covered my client through his employer because he was hurt on the job. In those cases the insurer has to turn over its claim file. I've read the claim notes. I've seen how the computer and the adjusters valued the injuries, and how the reserves moved as the case went on. I've deposed the adjusters, and I've deposed the insurance companies themselves through their corporate representatives under Rule 30(b)(6). And I've tried a bad faith case as first chair in federal court.
So I don't have to guess how an insurer values your claim. I've seen how they do it, under oath, in their own words.
What Were They Actually Doing All Those Years?
This is the part the pitch skips. For years, a former insurance defense lawyer's job was to pay injured people as little as possible. Cutting their bills. Questioning whether they were really hurt. Pointing to pre-existing conditions. That was the work.
People change careers for all kinds of reasons, and plenty of good lawyers have worked on both sides. But years spent working against injured people isn't a credential. It's just a résumé. Ask what the lawyer has done for injured people, not what they did to them.
What Should You Ask Any Injury Lawyer Before You Hire Them?
Skip the backstory and ask for the record:
- How many lawsuits have you filed for injured people? A lawyer who rarely sues gets weaker offers. Insurance companies know who will file and who won't.
- How many trials have you first-chaired for injured people? Defense trials don't count here. You want someone who has stood up for an injured person in front of a jury, not someone who spent those trials arguing the injured person deserved less.
- Who have you represented? Injured people, or the companies that fight to deny their claims?
- Who will actually handle my case? The lawyer you meet, or a team you'll never talk to?
- What's your fee, and what costs come out of my settlement? Get it in writing before you sign. Here's how to read a settlement statement so you can check the math at the end.
For the full checklist, see How to Choose a Personal Injury Lawyer in Colorado.
How Does Venyx Handle Cases?
I treat every case as if it's going to trial, because you never know which one will. My fee is 29% pre-litigation and 33% if we sue. If we don't recover, you owe no fee and no case costs. And every client gets my direct cell number. You can see the full breakdown on the fees page.
What a lower fee saves you
See how much more you keep with Venyx.
Estimates only. Your final recovery is reduced by case costs, medical liens, and other legal obligations. Every case is different. Fees and costs are discussed at consultation.
I've spent my whole career on one side of these cases. I know the defense playbook because I've beaten it in depositions, in negotiations, and in front of juries, and because I've made insurance companies hand over their own claim files. Not because I used to run it.
Former Insurance Defense Lawyer FAQ
Is a former insurance defense lawyer better for my injury case?
Not automatically. The tactics insurance companies use aren't secret, and experienced plaintiff's lawyers face them on every case. What matters more is how many lawsuits a lawyer has filed for injured people, how many trials they've first-chaired for injured people, and who will actually work on your case.
Can a plaintiff's lawyer see how an insurance company values a claim?
Yes. In a bad faith lawsuit, the insurer has to produce its claim file, including adjuster notes, claim valuation reports, and reserve history. Plaintiff's lawyers who bring bad faith cases also depose the adjusters and the company's corporate representative.
What is the insurance defense playbook?
It's the standard set of tactics insurers use on injury claims: disputing medical bills, fighting causation, blaming pre-existing conditions, pointing to treatment gaps, hiring doctors for defense medical exams, using surveillance and social media, blaming the injured person, and making low early offers.
Has Dylan Unger ever represented insurance companies?
No. Dylan has represented injured people for over a decade, filed more than 300 lawsuits, tried cases as first chair in state and federal court, including a bad faith trial against an insurance company in federal court, and recovered over $75 million for clients.
How much does Venyx Injury Law charge?
29% pre-litigation and 33% if we sue. If there's no recovery, you owe no fee and no case costs.
Hurt in Colorado? Talk to a lawyer who has only ever been on your side of the table.
Call Dylan: 877-2929-LAWThis post is general information, not legal advice. Past results do not guarantee a similar outcome in any other case.
