Legal Question in Personal Injury in Connecticut
Dog Attack Victims Rights
I was the victim of a vicious dog attack.
I do not have and Attorney, YET.
This attack occurred 2/18/01.
My Question is , I contacted by an insurance ajuster,
he asked permission to record conversation.
I agreed, but do I have a right to a copy of the
conversation?
3 Answers from Attorneys
Re: Dog Attack Victims Rights
Yes, you have a right to a copy of the tape. In the infrequent times that I allow my clients to give a recorded statement, (always with me present) I make it a requirement, stated on the recording, that we are to receive a copy of the tape within five workings days.
Giving statements to insurance adjusters is like giving a statement to an IRS agent. It can only be used against you. I stongly suggest, prior to giving such a statement that claimants consult with an attorney. I have seen many situations where a client has given a statement before hiring us and the statement becomes the insurance company's best evidence against my client. Why? Because the client was basically tricked into saying things that is later taken out of context.
Remember that insurance company statistics show that injury claim victims, on average, have a higher net recovery to them when represented by an attorney than they do without an attorney. That's why the insurance companies don't want you represented by an attorney. Believe the insurance company at your own risk.
John Bisnar, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, 800-956-0123, www.bestattorney.com, www.dogbitelaw.com, [email protected]
Re: Dog Attack Victims Rights
Dog attacks in California are strict liability which means if the dog was not on a leash or in a secure fenced yard the owner of the dog is strictly liable for the injuries caused. However you must be careful in giving a recorded statement. These adjusters are trained to get you to make statement that might reduce or limit the liability of their insured, the owner. If you have not given the statement already, do not give one before speaking to an attorney. If you have given one, you need to have an attorney get a copy of the statement to assess what you said. Please contact an attorney, Dog bites can be very difficult to get a fair recovery if the injury is not properly documented. Please contact me for a free phone consultation. I can refer you to a competent attorney in your area. 1 800-955-9504
John A. Giffen.
Re: Dog Attack Victims Rights
Your question has been sent to me as I specialize in personal injury law.
You definitely have the right to obtain a duplicate tape or transcribed copy of your statement. If the dog bite was vicious as you indicated, you should contact a personal injury attorney as soon as possible to protect your rights. The insurance adjusters are extremely knowledgeable and savy and are adverse to your interests. It may not have been a wise idea to give such a statement without being represented by counsel.
If you are in the Southern California area, I would be glad to provide you with a free consultation to discuss the specifics of your case. Visit my website and get more useful information.
Yours truly,
SAM M. EAGLE, ATTORNEY AT LAW
10101 SLATER AVENUE SUITE #218
FOUNTAIN VALLEY, CA 92708
PHONE: 714- 963-5123 FACSIMILE: 714- 964-9993
E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007