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Attorney Frank Penney explains why he does not advise talking to an insurance company about your personal injury case. There are really 4 main reasons:
Do not speak with an insurance company in the aftermath of an accident. What you say to an insurance company after an accident can be used against you, and this is a common legal mistake. You can ruin your personal injury case if you file a car accident or personal injury claim before speaking to a personal injury attorney.
Hello, my name is attorney Frank Penney and this is the Legal Minute. Should you talk to an insurance company? The short answer is, no. The insurance company is not on your side. The insurance representative’s motivation is to pay the least amount possible or not pay at all. The insurance representative will take time to conduct a liability investigation and want to take a recorded statement which I do not advise. They will want to blame you fully or partially for the accident and will want you to sign an authorization to obtain all your medical records even if those records don’t apply to your case. The insurance representative will operate under the guise of being cooperative and reasonable, but don’t let that fool you – they don’t want to pay you much or anything.
Tort liability in personal injury cases is most often based on acts of negligence, but there are exceptions. Sometimes the responsible party is held to the strict liability tort standard, meaning that a finding of negligence or malicious intent is not required. The most common types of strict liability tort cases are based on: Product […]
A negligence-based lawsuit against a school can have unique complications, depending on the type of institution it is. Overall, teachers, school administrators, and other staff have a “duty of care,” meaning they must take reasonable steps to avoid and prevent circumstances likely to cause personal injury to a student. Some reasons you might want to […]
In February of this year, a bill was introduced by Assembly Member Anna Caballero (D-Salinas) that would have made it illegal for law enforcement officials to engage in “motorcycle profiling.” The successful passing of this bill likely would have had a significant impact on future California motorcycle accident cases. Co-authored by Speaker Pro Tempore Kevin Mullin (D-South […]