When you make a recorded statement without your attorney, you will hurt your case
By: Darrell Castle
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Hello, I’m Darrell Castle. I’m an attorney licensed to practice law in the state of Tennessee and on this video today, I am asking you to never give a recorded statement to a person who has injured you, a business who injured you or an insurance representative of that person or company without your own lawyer present. Always have your own lawyer present when you give such a statement.
Here’s an example of an actual case –
A lady goes into the bank – an elderly woman – and it’s the same bank she’s used for many years. She goes up the same side entrance she’s used for many years, except this time, the side entrance has construction. The hand rail, as required by OSHA regulation, is missing so that when she steps up the steps, she slips and falls forward and since there is no hand rail or warning sign saying “CAUTION” or anything like that, she has nothing to support herself when she falls forward, breaking her hand and injuring her knee – that’s an actual case.
Now, the insurance company for this bank called her and asked her to give a recorded statement by phone and she did. On that statement, she said “I missed the step.” That was her statement when asked what happened – “I missed the step.”
In reality, that’s not actually what happened. She missed the step and fell forward because there was no hand rail to support her, as required by OSHA regulation. That’s what actually happened. And if she would have had an attorney present, that would have been the story she told, but she didn’t. It’s very important to have an attorney present because the urge to cooperate with your adversary is overwhelming like when a person calls you and asks for a statement. But when you get that urge, hire a lawyer. A lawyer can cure that urge. The lawyer will handle those things for you and when you give that statement, you’ll be ready to give it and you’ll be prepared to give it and you will give the correct statement – it will not hurt you.
If you give that statement and you do not have an attorney, you will hurt yourself. I promise you that, you will hurt yourself. That’s just the way it is. Hire an attorney, folks.