Legal Question in Personal Injury in Pennsylvania

Slip and Fall

I fell at my friends house on her front walkway/driveway and had to have surgery on my ankle. She filed a claim with her homeowners insurance and they contacted me for a statement what should I exspect from this?


Asked on 1/28/09, 12:52 pm

9 Answers from Attorneys

Jerry Meyers Meyers Evans & Associates, LLC

Re: Slip and Fall

HOPEFULLY YOU HAVEN'T GIVEN A STATEMENT YET. YOU SHOULD NOT GIVE A STATEMENT WITHOUT FIRST CONSULTING AN ATTORNEY IN MARYLAND WITH EXPERIENCE IN HANDLING PERSONAL INJURY CASES. I YOU HAVE ALREADY GIVEN A STATTEMENT YOU SHOULD DO NOTHING FURTHER UNTIL YOU CONSULT AN ATTORNEY. THE INSURANCE PERSON WHO CALLS TO GET A STATEMENT IS NOT YOUR FRIEND AND DOES NOT HAVE ANY INTEREST IN ANYTHING BUT TRYING TO AVOID PAYMENT OR REDUCE INS. COMPANY EXPOSURE.

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Answered on 1/28/09, 1:04 pm
Jeff Wong Cevallos & Wong LLP

Re: Slip and Fall

I agree with the statements of the prior reply generally. A pre-litigation statement can be dangerous.

You are under no obligation to provide a statement at this time. The best thing might be to tell them you are unable to give a statement now and will get back to them in the future.

Why? A recorded statement is not just used as a investigatory tool to find out what happened in your accident. Instead, it is a means to record what you say now, and use it against you in the future. Remember the Miranda warning on all those TV shows "anything you say can and will be used against you"? Well despite the fact that you've committed no crime and may have been hurt as the result of someone else's carelessness,the insurance company will look to use this statement against you as the matter moves forward. Even a minor inconsistency or momentary forgetfulness can destroy your crediblity, and your case, later.

Should you choose to still provide a statement, know that the key to helping yourself is first understanding what the questioners goals are. So learn about personal injury law first, or as the prior poster suggested, contact an attorney to assist you.

Good Luck.

Jeff

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Answered on 1/28/09, 1:13 pm
Jeff Wong Cevallos & Wong LLP

Re: Slip and Fall

I agree with the statements of the prior reply generally. A pre-litigation statement can be dangerous.

You are under no obligation to provide a statement at this time. The best thing might be to tell them you are unable to give a statement now and will get back to them in the future.

Why? A recorded statement is not just used as a investigatory tool to find out what happened in your accident. Instead, it is a means to record what you say now, and use it against you in the future. Remember the Miranda warning on all those TV shows "anything you say can and will be used against you"? Well despite the fact that you've committed no crime and may have been hurt as the result of someone else's carelessness,the insurance company will look to use this statement against you as the matter moves forward. Even a minor inconsistency or momentary forgetfulness can destroy your crediblity, and your case, later.

Should you choose to still provide a statement, know that the key to helping yourself is first understanding what the questioners goals are. So learn about personal injury law first, or as the prior poster suggested, contact an attorney to assist you.

Good Luck.

Jeff

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Answered on 1/28/09, 1:13 pm
Solomon Weinstein Solomon Weinstein, Esquire

Re: Slip and Fall

Where did you fall in Pennsylvania or Maryland. If your firends home is in Pennsylvania you should contact a pennsylvania attorney. If in Maryland one from that state. Do not speak to the representative from the insurance company until you first speak with an attorney. I assume the insurance company of your friend is her homeowners insurance. Whether you have a claim depends on many factors. Was there something on the walkway or driveway that caused you to fall? Was there something wrong with the walkway or driveway. Damages concrete, large cracks uneven surface. The Insurance company will probably pay your medical bills up to a certain amount. If the fall was caused by some negligence on the part of your friens in maintaining the property properly, then you may have a claim to be compensated by the friend through her insurance. Contact an attorney to discuss this.

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Answered on 1/28/09, 1:15 pm
Richard Senker Senker Law Office

Re: Slip and Fall

You should expect that you will say things that, later, you will regret saying. That's not because you're not smart. It's because the insurance representative does this every day and knows the law (which, in Pennsylvania, does not make sense!). If you're thinking about trying to get money from the insurance company to pay for your medical treatment, wage loss, and/or pain and suffering, find an experienced personal injury attorney practicing in the same county where you fell and let that attorney advise you before you consent to giving "the bad guys" a statement.

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Answered on 1/28/09, 1:21 pm
Scott Diamond DIAMONDLAWYER

Re: Slip and Fall

It is not wise to give a statement. The insurance company is not your friend. You need to be represented

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Answered on 1/28/09, 1:40 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Slip and Fall

Do NOT talk to the insuranc ecompany without talking to an attorney first. I see that my partner Jeff Wong also responded to your message. You should give him a call and set up an appointment right away. He focuses his practice on accidents like these. No fee for a consultation.

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Answered on 1/28/09, 3:29 pm
Thomas Matvey Palmieri & Matvey, PC

Re: Slip and Fall

As the others have advised you, do not give a statement to an insurance company without the advice and direction of an attorney retained to represent you. As far as what you might expect from your case, that would depend on the strength of the liability claim you have and the extent of your treatment.

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Answered on 1/28/09, 3:54 pm
Michael Berman Law Offices of Michael A. Berman

Re: Slip and Fall

Boy... you got a lot of lawyers sniffing around in reply to your post. Bottom line, they are contacting you for information. They will probably ask you for a statement, which will be recorded for future use. Then the fun really starts, with the insurance company giving a preliminary, low ball offer to settle. Once that is rejected, you'll need to hire a lawyer....

So why not hire one you trust now, and avoid some of the potential future problems. A lawyer will prep you for the interview, and object to questions that you may not want to answer. Overall, you'll be better off or we wouldn't have jobs!

Contact me if you need more info!

Mike

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Answered on 1/28/09, 8:33 pm


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