Personal injury: what the lawyer reads before the first call
Chris Okafor answered the questions from a firm’s booking link. After the lawyer cleared the names for conflicts, this is the top of the brief. Not legal advice.
What Chris wants to know: “Should I keep talking to their insurance company?”
The brief
The issues to raise first
1 It happened one to two years ago
Filing deadlines differ by state and by kind of claim, and some are short. Check the dates before anything else.
Ask
- What is the exact date it happened?
- Where did it happen?
2 They gave an insurer a recorded statement
“Their insurance company called and I gave them a recorded statement.”
What they said or signed may affect the claim, including any release or authorization to collect their records.
Ask
- When did they speak to the other side’s insurer, and what did they say about fault and their injuries?
- Did they also sign anything, such as a release or a form letting the insurer collect their medical records?
3 Their story says the other vehicle was a work vehicle
“A delivery van ran a red light and hit my driver’s side.”
If the driver was working, their employer and its insurer may also be responsible, and commercial vehicles often carry cameras or tracking that can be recorded over.
Ask
- Whose vehicle was it, and was there a company name or number on it?
- Was the driver working at the time?
Documents to ask for
- Anything showing the date, like the report or the first bill
- Copies of anything they signed
- Letters or emails from insurers
- Photos of the other vehicle, including any company name or number
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