A recent auto accident lawsuit resolved in favor of the plaintiff despite the fact that the seriously injured plaintiff gave out-of-court statements that could have seriously effected the outcome.
At the accident scene and again in the emergency room, the plaintiff stated that he had ‘fallen asleep at the wheel’. He even apologized to the defendant for the accident. Fast forward to a jury trial handled by a very capable personal injury attorney. Witnesses were discovered; these witnesses testitfied that the defendant was speeding and failed to yield right of way at the red traffic light. The plaintiff suffered and concussion and, perhaps, some memory loss as a result of the accident; the impact of the accident itself hindered his ability to comprehend the actual facts.
This case is the textbook example of why a plaintiff should never make out-of-court statements before consulting with an attorney. An out-of-court statement can be used against the plaintiff in discovery and at trial. By making statements at the scene of an accident, or later, a plaintiff’s chances of a fair trial or case resolution may be severely compromised. Defense attorneys and insurance adjusters will hold statements against interest against the plaintiff in case evaluation, mediation, settlement negotiations and trial. It is imperative for the plaintiff to avoid making hasty statements. A plaintiff should, absolutely, avoid providing the insurance company with an early recorded statement prior to retaining an attorney. The best thing a plaintiff can do at the scene of an accident, is gather contact information from favorable witnesses, make certain (if able to do so) that these witnesses identify themselves to the investigating police officers, and obtain contact and insurance information from the defendant. Without the witnesses in this case, plaintiff’s statements that he ‘fell asleep’ would have gone uncontroverted and he would likely have lost his valuable case.
If you have been involved in an accident that was not your fault, whether or not you immediately feel pain or symptoms of an injury, here are a few tips:
1. Remain calm.
2. Call the police and insist that they do an on-scene investigation
3. Seek medical assistance (even if you feel you are not injured).
4. Seek the advice of and/or retain an experience automobile accident attorney.
5. Do not provide any statements or sign any documents without your attorney present.
6. When dealing with police officers at the scene, provide those facts that you know to be the truth; do not speculate (as the plaintff did, here)
When it is time to give a statement to the insurance company:
1. Do not give a statement without an attorney present; do not permit the statement to be recorded. Follow your attorney’s advice at all times.
2. Make sure you are given adequate time to give your statement. Don’t let the interrogator rush you; you may forget something important you feel rushed, you may tend to forget important points.
3. Bring all information with you such as the location of the accident, time, date, insurance information, and witness information (if favorable to your position; if not, it is the insurance company’s job, not yours, to prove that the accident did not happen as you allege).
4. Remember that you can decline to answer any question for any reason. (Obtain your attorneys advice in this situation
5. Answer only what you are asked, nothing more. Avoid giving too much detail.
5. Do not sign anything without permission from your attorney.
6. Remember that the insurance company has one goal – to pay out as little as possible.
Drive safely, be careful out there and watch out for the other guy!
Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporationwhich helps provide cash flow solutions and consulting when necessities of life funding is needed during litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.
