QuestionWhat are the common evidentiary traps that the insurance lawyer will use and how to avoid them in the accident personal injury case? Thank you for your answer.
AnswerHi Rendy,
Since you gave me no idea about your circumstances, I have to give you a shotgun answer: hitting on a number of possible issues that might apply to your case. So please be patient if I have to mention topics that do not apply to you.
Doctor Settlement has a good answer for you: a list of excellent questions that you can expect. But they are supposed to be removed from public or free view on my website within a month. Hence, I am sorry for the delay in getting back to you, but the powers that be at www.SettlementCentral.Com had to approve the page that I am going to give you.
Since you are going to face an insurance lawyer, you will already have your own attorney. And since you are asking what kind of questions will be asked, you have not yet had your deposition. So the first thing to do is to ask your attorney to tell you about taking a deposition. Only then will you get into the issue of specific areas of your case she wants you to be prepared to answer.
I cannot replace an attorney working on your case. She is the one you need to ask.
If you do not have an attorney, you must hire one. If you have a case and you have been noted up for an attorney deposition, then you MUST hire an attorney. You cannot go it alone against an opposing attorney.
This is ESPECIALLY true if an insurance attorney has noted you up for examination. This is a rare case, but on the off chance that this is what is happening to you, I am compelled to lay out the pattern for you. First off, this would apply in the case of a claim versus your own company, where instead of dealing with an adjuster, you suddenly find yourself dealing with an investigator and an attorney. NEVER EVER speak to either of those two. They are ONLY working on fraud cases. So if that is what has happened to you, RUSH to hire an attorney. These guys will get unrepresented claimants turned in circles.
NOW, for the “traps” and how to avoid them. First off, there are no secrets or traps. It is plain and simple preparation that will be the best way to present yourself. That means you need to study this guide I am going to give to you, and to BE DARN SURE you know the answers. Since this guide is just for the first intervew from the adjuster, you also must focus on six other areas, and be prepared with factual information, to the best of your recollection. Here are those six areas I suggest you prepare for.
1.Past accidents and injuries.
2.Past medical treatments and restoration to health and description of intervening activities until the present accident.
3.Describe your injuries, including detailed descriptions of how you felt:
right after the accident
that night and the next days until treatments started
in the intervening months
and now
4.Lost wages, where you will have to prove three things:
description of your job and why you had to take time off—any witnesses at work?
who authorzed the time off—what did the doctor say—did he put it in writing?
prove your hours or days away and the rate of pay.
5.Interference with your enjoyment of life. This is the big item of general damages. Pain and suffering are included here. Be able to describe the ways in which this accident has impacted your life—and the lives of your spouse and family. Tell if there are any witness who can describe how this accident impacted you. Talk about your activities and mention those that you would not do for fear of pain. HERE is one possible trap. DO NOT say that you CANNOT DO any activities unless that is true. What is most commonly true is that a person CAN do the activity, but they will pay for it that night or the next day with pains.
6.Prognosis. Be able to tell if the doctor has given you a prognosis or an epected date your treatments might come to an end.
Here is the page of questoins that we at www.SettlementCentral.Com feel insurance adjusters are likey to ask regarding an auto accident http://www.settlementcentral.com/page0207.htm
Good luck on this, Rendy. I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
