What is a Recorded Statement and How Do I Prepare for One? Part One: Trick Questions
Legal Article GuideBy: Craig Perry
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.
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?
Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultation. He has a bilingual office staff (Spanish) and he speaks Italian fluently.
For more information about this article or the services he offers, call direct 702.228.4777 or toll-free 1-866-LAW-4HIRE, or visit http://www.craigperry.com.
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