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5 Questions Very Personal Injury Lawyer Must Know How To Answer While law school likely prepared you to answer questions on substantive law, there are certain practicalities that often go ignored. Many law schools now emphasize legal skills and the practice of law, your exposure to client interactions likely came through externships, internships, clinics, or clerkships. If you plan to practice in the personal injury area of law, clients are expecting you to be able to help them with real world problems on day one. Take a look at these questions that every personal injury lawyer must know how to answer:
“Should I give a statement to the insurance company?” The short and simple answer is no. In almost all cases, the client should not give a statement to another party’s insurance company, or even their own insurance company. Shortly after an accident, an insurance adjuster will contact the client asking them to provide personal information and a statement of what happened. When declining to give a statement, advise the client to be courteous but firm. Emphasize that although the adjuster may try to convince them they are there to help, any statement could potentially be detrimental to their claim down the road. When a client gives a recorded statement, the insurance company will attempt to verify the claim against other evidence for (even minor) discrepancies.
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“I was just in an accident. What should I do?” First and foremost, assess the injuries and get medical treatment to those in need quickly. Carefully check yourself and others – not all injuries are immediately apparent. If someone is injured, call 911. Next, contact the police, unless there is no damage worth reporting. Even though the client may be reluctant to involve the police, it’s important to do so in order to obtain a police report. The police report can be critical in prosecuting the case and obtaining compensation. It’s also important to talk to witnesses and get their contact information. Exchange contact information with the other driver(s) involved in the accident. In addition to getting the contact information of witnesses, have them write down their account of what happened. The driver should also make notes and write down how they experienced the accident. After talking to witnesses, take pictures – lots of them. Make sure you have pictures of the scene of the accident, any vehicle damage, and all injuries. You should continue taking pictures throughout medical treatment and the healing process, as these pictures are important in proving damages.
“The other driver doesn’t have auto insurance. Do I still have a claim for my injuries?” The answer to this questions is depends on the state and whether the client has uninsured/underinsured (UM/UIM) motorist coverage. UM/UIM coverage is a policy provision that requires the driver’s insurance company to pay in the event he or she is injured by an uninsured/underinsured motorist. If the accident occurred in a state that requires uninsured/underinsured motorist coverage (or if the client has UM/UIM coverage on their policy), then the client’s insurance company must pay for damages caused by liable, but uninsured/underinsured drivers. Currently, 22 states require uninsured motorist coverage; 14 states require underinsured motorist coverage. There are more uninsured motorists than you may think. In fact, about one in eight drivers were uninsured in 2014.
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