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How to Damage Control Prejudicial Statements Made In a Personal Injury Claim

Personal Injury New York CityAs soon as an insurance company learns that you were involved and injured in an accident, their adjuster will do anything possible to get a recorded statement from you that may ultimately be used against you during negotiation and/or trial. They will contact you immediately following the accident and may corner you into providing a recorded statement.

Although providing a recorded statement may not seem like a good idea in retrospect, you may have already fallen trap to the adjuster’s sneaky techniques when you were most vulnerable. However, hope is not lost as your New York personal injury lawyer may be able to take certain steps to damage control.

 2 Steps to Take in Damage Control

There are two steps your lawyer can take in dealing with any negative statements you may have provided the insurance company. The first step is for your attorney to check whether the statement the insurance company has is accurate. It is common for adjusters to alter statements or paraphrase them so that the meaning changes altogether. In such a case, your attorney will note the inaccuracy and deal with it accordingly.

The second step your New York personal injury lawyer will take is to review the statement you provided for any inconsistencies. The majority of statements obtained by insurance adjusters generally have some inconsistencies that make it unreliable for litigation purposes. Examples include the statement not being transcribed verbatim, obtaining a statement prior to injuries being fully documented, and omitting or delineating certain important parts of the statement.

If any of the two steps reveal that your recorded statement has faults, it may not be as damaging as the adjuster claims it to be.

 Call Us

If you have been involved in an accident, it is important to contact an experienced New York personal injury attorney as soon as possible, especially before talking to the insurance company.

For more information or to schedule a complimentary consultation with one of our lawyers, please call Gersowitz, Libo & Korek, P.C. at 800.529.9997.

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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.