As a Las Vegas Car Accident Attorney, I have prepared hundreds and perhaps thousands of my clients for recorded statements, examinations under oath, and depositions. Taking a recorded statement is one of the most important steps in resolving your insurance claim.
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When I first tell a client that we need to meet and discuss their recorded statement before we we actually have it taken, most of them of them think and some of them ask me, "Why do I need to prepare? I'm just going to tell the truth." In a perfect world, that would be enough. But a recorded statement is much more than about telling the truth. It's also about HOW you the truth. After sitting through many prep sessions, I can tell you most clients are profoundly grateful that they had a lawyer prepare them before they spoke to the insurance company.
Many of these prep sessions take an hour, so I will not be able to cover everything here. Contact an experienced Las Vegas Auto Accident Lawyer if you live there, or someone else from your home town if you need representation. I think any person who speaks to an insurance without the help of an experienced attorney is foolish. After seeing some of my examples below, perhaps you will agree.
Most questions should not be answered with a yes or no. Most humans have defective memories. On one day we may remember things that we forget on another day. Our mood, amount of rest, mental fatigue, level of stress and state of mind affect our memory. We may understand a question one way today and another way the next day. When you answer "yes" or "no," the answers are absolute. When I was in college, for example, a multiple choice answer that included the words "always" or "never" was rarely the right answer. So when the adjuster asks you, "have you ever been involved in an accident," or "have you ever been injured in an accident," when you answer "no," most people are wrong, and if you are wrong, the insurance company and their lawyer will use your answer to challenge you, your injuries and your credibility. Let me explain why "no" is usually the wrong answer for most people. If you are in a car accident, you are thinking the insurance company is asking you if you were ever involved in a car accident like this. Most of my clients do not realize this is a "trick" question. An "accident" is any kind of accident: bike accident when you were 10, playground accident 35 years ago when you were 5, tripping and falling last year, etc. The fact is we all have "accidents" that occur on a yearly basis that are covered by this question. The same thing for the question about injuries. Stubbed toes, banged knees, sprained ankles, stitches from a fall, are all "injuries" that are covered by this question.
How do such "trick" questions hurt your case? They hurt your credibility. If you fail to disclose all of your injuries or all of your accidents, then they are going to question your truthfulness. Example: You suffered a neck injury. The adjuster asks, "Have you been injured before this accident?" You are thinking, "No, I have never injured my neck before." You answer, "No." Later, they obtain copies of your medical records. Your case goes to litigation. The attorney points out to the jury that two years before this car accident, you broke your foot. They make a big deal to the jury that when your statement was taken, you did not tell them about all prior injuries--suggesting that if you can not tell the truth about your prior injuries, how can anyone be sure you never injured you neck before?
Hold on...don't panic! This article is not to scare you, but it is to inform you about why you may require a personal injury attorney and how he can help you out in times of crisis. Now, it is obvious that we don't want our near and dear ones to be victims of accidents, but unfortunately they are unprecedented and we can't predict when they will occur.
Recent statistics have shown that each day 115 people die from road accidents. If you work out the math, it means a death occurs every 13 minutes each day! These days most people tend to drive and talk on their cell phones at the same time. Despite repeated warnings, no one seems to care that they may endanger the lives of others on the road. Some may also try to race at high speeds to show off or drive while they are drunk. The end result is that they end up injuring some one fatally which may subsequently lead to his death.
If you have been charged with causing an accident because you were drunk or driving recklessly, the imperative thing to do is contact a personal injury attorney. Don't give out statements admitting your fault or pinning the blame on others without las vegas car accident lawyer speaking to your attorney. In this type of chaotic situation, you may say something rash that will certainly be used against you in court. If your car has been damaged in the accident, then an attorney will take care of all the negotiations between you and the insurance company.
There is a high chance of the case being dragged to court. Hiring a personal injury attorney will ensure that you have a good defense. Make sure that the lawyer has experience in the relevant area so that he can bypass all the loopholes and combat the evidence that will be produced by the prosecution. A good lawyer will study the facts and figures of the case and line up an iron-clad defense strategy for you.