Watch For These Tricks During A Recorded Statement In An Injury Case

If you are injured at the office or as a result of someone’s else’s actions or negligence, you will likely be filing a workers’ compensation or personal injury claim. A valid claim will be paid out by a business or an individual’s insurance company, which means that these parties have a vested interest in reducing their liability so that they can minimize their injury payout. Oftentimes they work to achieve this by pulling certain tactics when speaking to the individual during a recorded statement.

A recorded statement is typically required by the insurance company so that they can assist with the process of the claim, but know that the adjuster will also be using this conversation to see if there are ways to minimize their payout. They have a few tricks that they use to get injured people to say something they shouldn’t during this recorded statement, and you need to be aware of these moves so that you don’t tank your claim. Below, we take a look at some of the tricks that may be used against you when giving a recorded statement during an injury case.

Recorded Statement Tricks To Watch For

Here’s a look at some of the ways an insurance adjuster or even your employer may attempt to get you to say something on the record that could hurt your claim or minimize their liability.

1. A Relaxed Environment – Giving a recorded statement can leave you feeling a bit anxious about the process, and the adjuster knows this. They want you to be as comfortable as possible during the statement so that you keep the conversation going. They are going to try to come off as a friend and an ally who is only here to help you get the compensation you deserve, but remember that they are not on your side. The only person whose interests are completely aligned with you is your workers’ compensation attorney, as they get more money when they earn you a larger settlement. Keep your guard up during this conversation, because if you get too relaxed and comfortable, you may say more than you want or need to.

2. Empathy – Some insurance adjusters truly empathize with your situation, while others know that empathy is something that they’ll want to convey in order to get you to believe that they are looking out for your best interests. We don’t want you to assume that every adjuster is feigning empathy, but again, you’ll want to keep your guard up and remember that they are getting paid by the company that is in charge of your payout. They have a vested interest in reducing your claim amount, and if empathizing with you can get you to open up and say things that can hurt your claim, they may use this tactic throughout your claim. Always remember, the insurance adjuster isn’t on your side.

3. Open Ended Questions – The more you talk, the more chances you have to say something that could hurt your case, so the adjuster is likely to ask open ended questions. Our best advice is to be direct and concise, focusing on only answering the specific question being asked. Don’t overshare, unless you are talking with your lawyer, because they will only use the information that helps your case when building your claim.

4. Contradictions And Phrasing – Finally, an insurance company may try to phrase things in a certain way or get you to contradict yourself so that they can cast doubt over the entirety of your claim. There’s thousands of ways they can do this that will be specific to your case, but you really need to take stock of every word they say and be sure to clarify any part that they are misstating or misunderstanding. If you are unsure about specifics, don’t guess, because that can lead to a contradiction down the line. Listen to their words carefully, take a moment to collect your thoughts, and be purposeful with your answers and phrasing so that there is no doubt about the validity of your claim.

We understand that giving a recorded statement can be intimidating, and we want to help you be as prepared as possible to give a statement that helps your case. We can help to prep you for this call or go into greater detail about some of the ways an adjuster may try to get you to say something you shouldn’t during this call. For more information, or for help with a different aspect of your injury claim, reach out to the team at Margolis Law Firm today at (952) 230-2700.