Before you contact a personal injury attorney, these tips will help you avoid making some common mistakes.
If you have a personal injury claim chances are pretty good the other side will contact you through their attorney or their insurance claims adjuster. This is normal and should be expected,
after all you are making a claim that will affect the other party and their finances. However, you should be careful having any conversations with attorneys or insurance claims adjusters without your own personal injury attorney present.
But let's just say, you haven't even thought that far ahead. If you have been injured and taken to the hospital, you may find an insurance claim adjuster waiting for you after surgery. It seems tacky and pushy, but some insurance companies will be right on top of protecting their interests, and often that means getting to you before you even think to get an attorney.
So, if you don't have an attorney yet, and the insurance claim adjuster is already at your door or on the phone, you need to keep in mind some basic procedures to help protect your best interests until you can get a personal injury attorney to help you.
First, keep it professional. You may be in pain, angry, or frustrated by the situation you find yourself in. However you don't want to take out your feelings on the other side's insurance claim adjuster. This person may not be representing you, and they are not on your side; however, you are still dealing with a person who might make your life harder or easier depending on how you treat them. At some point your foul mood or rude attitude will affect your initial outcome.
Also, before you start answering questions, ask a few of your own. For example, you need to know who you're talking to and what company they represent. You should ask them for a business card that you can pass to your lawyer and you should make sure you understand who they represent.
Next, even though you are being polite you don't have to tell everything you know or even answer everything they ask. Remember the insurance claim adjuster is trying to get information from you to disprove your claim or show inconsistencies in your rendition of the events that led to your personal injury. Give limited personal information such as contact information, your date of birth, and your full name.
Don't discuss the accident, even if the questions are seemingly as innocent as asking how you feel or the extent of your injuries. And don't allow anyone to tape record you without your lawyer present.
Finally, resist the urge to settle. The other side will generally offer you what sounds like a great settlement offer immediately, but usually these offers are only a great deal for the other side. Talk to your personal injury attorney before you agree to any settlement.