Should I Give a “Recorded Statement” in my Personal Injury Case?

NO! NO! NO! When I first started practicing personal injury litigation in the Dallas / Fort Worth area, recorded statements were the “norm.”  I was part of the first wave of attorneys that routinely rejected the practice of allowing recorded statements because I saw how they were unfairly used to sabotage my clients’ claims.  If you are involved in any sort of personal injury claim, whether it be from a car accident or any other type of personal injury, the insurance adjuster will almost always ask for a recorded interview in order to “properly investigate the claim.” Sometimes the insurance adjuster will go so far as to tell you that you are required to give a recorded statement before they can consider your claim. If you are asked to give  a recorded statement, just politely say “no,” and tell the adjuster you wish to consult with a lawyer.  If an insurance adjuster was really interested in investigating the facts of the claim, there would be no need to record the interview other than to prepare a defense to your claim.  I discovered very quickly that the only reason the adjuster wants to record your statement is to potentially use your answers against you in the future.

However, there are situations where you may be required to give a recorded statement.  But those situations normally arise when you are dealing with your own insurance company.  Even in those situations, you would be wise to consult with a lawyer first before giving any sort of recorded interview.

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