Brad Pistotnik Law
Abogado El Toro

When the adjuster calls should I talk to them and give them a taped statement about my car accident or hire a personal injury attorney?

This is a question that many clients do not understand. The minute that you have an accident it is in the best interest of the insurance company to prevent you from hiring an attorney. Just this week, I had a client who hired our firm. We immediately contacted the insurance company and gave them notice of representation and faxed and mailed a letter of representation. Even though the insurance carrier knew that we were the attorney of record, one of the adjusters decided to contact the client in order to try and take a statement acting like they did not know about the legal representation. This would be impossible since we set up the claim for the client and the insurance company has a computer program that immediately notifies all adjusters that an attorney has been hired. The client called me and was confused about why they had been called. The insurance company tried to talk them out of having a lawyer telling the client that they would pay their medical bills and give them fair compensation. This is where the interesting part comes in. Insurance adjusters are taught to pay avery small amount of compensation and many of them offer people $500.00 or $1,000.00 on top of their medical bills. This is not fair compensation for an accident when someone has a significant injury. This same adjuster took a statement from the client knowing that they were represented and caused harm to their case. When I talked with the client I asked them why they thought the insurance company would call them and tell them that they do not need a lawyer. I told the client to think about logic and ask themselves the question why would the insurance company not want them to have an attorney. After a few minutes of discussion, the client quickly understood the point. The insurance company does not want you to have a lawyer or attorney to represent you because they want to be able to cheat you. They can take advantage of people who do not understand what they are doing. Having a lawyer is so that a person is not taken advantage of. We routinely see the insurance companies talking to less educated people and especially people with a language barrier like Hispanics. They will often ask the injured person if they need $500.00 and then tell them rapidly that this will settle their case. They do not explain that the money ends the case and the person cannot get any future medical treatment. Every week we get someone who calls us and says that the insurance carrier just sent them a check and I tell them to look at the check and see if it has a release on the back of it. Almost always, the check is a final release and has language on the back of it releasing the insurance company the moment the check is endorsed and deposited. This is an old trick that the insurance carriers used years ago. They have started doing this again. They do it more to Hispanics than anyone else. The adjusters know that an injured person that cannot work and make money to pay their bills is vulnerable. Someone that is in need of money because they cannot work as a result of their injury are usually in a panic stage.When the insurance company knows that that person needs compensation to feed their family and take care of themselves and put gas in the car they know that the injured person is in a weak spot. They often tell the injured person that they will give them money quickly. They do, but it is a little money one time and their case is over. Do not fall for this tactic. In in the past two years we have seen an increase in the aggressive tactics of the insurance adjusters. At the same time we’ve seen them have an aggressive decrease in what they are offering. Some personal injury attorneys do not file many lawsuits and they simply take the easy money that is offered without doing much work. You have to have a lawyer that will look at your best interests and try to help maximize recovery. Lawyers that are filing suits every month and taking depositions several times a week are the type of lawyers that you need. If a lawyer rarely takes a deposition, then that lawyer is not going to work hard for you. A real-life case scenario that occurred just this week is from an insurance adjuster who called me on a case where the 29-year-old female client was rear-ended at over 60 mph. The rear bumper other vehicle was pushed into the back window leaving no trunk. The car was totaled. She has been to the hospital on two occasions and underwent substantial physical therapy and epidural pain management. The level of injury to the spine has not been relieved. She had over $22,000.00 in medical expenses at the time that the adjuster called me to make her first offer. The young adjuster told me that she was going to allow $4000.00 of the $22,000.00 in medical treatment and give her $2000.00 in pain-and-suffering and made an offer of $6000.00 telling me that it was a very generous offer. I very politely told her that she needed more training and that she did not understand how to evaluate a bodily injury claim and did not understand the medical injuries nor the value of the case. I then politely told her that I was going to reject her offer and hang up on her. Within one hour I filed suit and we revoked our outstanding offer to settle for policy limits. Now the case will go into a litigation phase where real offers of fair compensation will be received. This is a routine that occurs on a daily basis. Insurance companies are now larger than many countries in the world and as they grow larger, they become more powerful with substantial money to lobby state legislatures and Congress to pass laws to harm plaintiffs.When you hire us at Brad Pistotnik Law you are hiring a team of professionals that work extremely hard to get fair compensation and the maximum amount of recovery that we can get. Realizing that very few people want to be involved in a lawsuit, you still have to understand that insurance companies do not just pay money out easily. They have to be afraid of the lawyer that they are dealing with and they have to understand that the law firm that you choose has enough money to hire experts, help find you excellent medical treatment and be able to pay for the costs associated to develop a case through litigation and trial. We never ask for money up front. We use our money to build your case. In the event that you don’t have a recovery there is no fee and you don’t owe us any money. Insurance companies know that we don’t screw around. As I write this I hope that the reader will find the information useful since I have devoted my life to helping personal injury victims. I graduated from law school in 1981 and have helped thousands and thousands of people over the years. I mentor younger lawyers and teach them howto develop personal injury cases and make the cases into substantial cases where the client has a good recovery. This is very important to all of us at Brad Pistotnik Law. If you want a lawyer who actually cares about you and an attorney that is knowledgeable and experienced, you should seriously consider hiring Brad Pistotnik Law. We keep getting clients to refer other people to us because we help them and the clients know that we help them. Just this week I had an injured client and his wife hug me after the case was over. We did not have to go to trial, but we did have to file suit and I litigated the case over a two and a half year period of time to get them a gross recovery that was in excess of $1 million dollars. The client had an extremely difficult case. I had three law firms and multiple lawyers fighting Tony and I every step of the way. When the insurance company turned down my pre-suit offer, I filed suit and started taking depositions, hiring experts and building my client’s case. If you choose to hire me to be your lawyer I will work just as hard for you as I did for this injured client. It is my sincere desire that when your case is over that you are happy with my services and thank me for helping you restore your life. This is my chosen vocation in life and I have a sincere desire to help as many people as I can before a die. I would like to be your lawyer.Now back to the starting question at the top of this blog. When an insurance adjuster calls you should never give them a taped statement. Whether you hire Brad Pistotnik or Brad Pistotnik Law or some other law firm, call an attorney and protect yourself because they are not calling to help you. You need a lawyer you can trust and a lawyer who will be your counselor and friend as well as your attorney. You need lawyers like those at Brad Pistotnik Law. When you need caring and compassionate lawyers then let our staff and team of employees help you get back on your feet on the road to recovery. Call in the Bull! ® We are Brad Pistotnik Law.® We are Abogado El Toro. ® Hire the Real Brad. ® Call in the Bull. ® Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our office is located at 10111 E. 21st St. N., Suite 204, Wichita, KS 67206. We are the Bull Attorneys! ™