1. Why do I need an attorney to help protect my interests?
Answer:
You need to realize your claim (fair compensation) is adverse to the insurance company. Their profit is derived when premiums collected exceed claims paid. Think of your personal injury claim as a product you own and will sell. You own the product; the insurance company needs to buy it. Like any buyer, they want to pay a low price. Like any seller, you want what your product is worth. The insurance adjuster will not help protect your interests. You need to hire an attorney immediately to preserve evidence. Preserving evidence as soon as possible assures a higher valuation for your claim. Remember that evidence disappears over time. The attorneys at Tlusty, Hittner, Kennedy & Freeburg, S.C. are experienced negotiators and effective litigators. By retaining an attorney immediately, you have the best opportunity for a successful resolution of your claim.
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2. How much time can pass before I lose my right to seek compensation forever?
Answer:
There are time limits, called Statutes of Limitations, which specify how long you have to pursue a claim. These time limits differ depending upon who was involved, what insurance coverage is available, and the type of damages. Once a Statute of Limitations expires, you can never file suit and are forever barred from recovery. We can help you avoid such a disaster. Call us today. We're here to help.
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Injury Information Center
3. Should I talk with "the other guy's" insurance company representatives?
Answer:
Insurance company adjusters are trained experts in taking recorded statements from injured people, concentrating their efforts on finding you at fault for causing the injury (contributory negligence) and minimizing your injuries and damages. Our attorneys are trained professionals who have investigated, evaluated, settled, and tried cases just like yours. You need to be preserving evidence for your case, not creating evidence for the defense. The insurance adjuster wants your statement to help them, not you. Tlusty, Hittner, Kennedy & Freeburg, S.C. can help you preserve evidence for your case. Remember, evidence disappears over time.
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4. Should I give them a statement of any kind?
Answer:
Never agree to give the other person's adjuster a statement. You can be assured they will not give you the opportunity to take a statement from their insured. Assuming you already made a mistake by giving a statement, later, if a lawsuit is necessary, they can also send you written questions that you must answer under oath. This may be followed by them taking your sworn testimony before trial. This is called a deposition. Finally, they can cross-examine you at trial. That totals four statements. If you give the first statement without representation, your case could be seriously damaged.
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5. If I give a statement, can it be used against me later?
Answer:
Any statement you make can be used against you. The purpose of them taking your statement is to diminish the value of your claim and minimize their payout.
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6. Do I sign a medical authorization and, if so, for whom?
Answer:
Generally speaking, open-ended medical authorizations should never be given to the other driver's insurance company without the review of an attorney. At Tlusty, Hittner, Kennedy & Freeburg, S.C. we can obtain your records and present them to their insurance company, along with a comprehensive evaluation demand package.
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