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Stephen Keener Brooks

Stephen Brooks’s Answers

2 total

  • Over 3 yrs after my accident & with another year to wait until trial, I don't think my lawyer is working for me. What can I do?

    I was in a car accident 3 1/2 years ago and the person who hit me was given a ticket and full blame for the accident. The case didn't settle at mediation because I have minor prior injuries from an earlier accident. My trial was originally schedul...

    Stephen’s Answer

    Cases are very dynamic and change as depositions are taken, opinions given and new facts uncovered. I would suggest sitting down with your attorney. I find many times clients forget all the questions they want to ask so I would take the time to write down all your questions before your appointment with the lawyer. Take your spouse with you to the meeting. Sometimes she/he will remember to ask someothing you forget about.

    Go into the meeting with an open mind. Give your attorney a chance to explain and answer each question. Make sure when you make the appointment you set aside enough timeon the attorneys calendar so he won't be rushed. He has been on the case for this long and will have a better command of the facts than any body els so you want to try to keep him on the case if it all possible.

    If you fire him, he may have a charging lien on the file. So you could end up paying two attorneys. This is a scenario you want to avoid if at all possible. In the end an attorney is sorta like a have to trust him. If you simply do not trust your attorney and he can't adequately respond to your questions then you have a difficult decison to make. Hope this helps.

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  • I need to give a recorded statement to my insurance company,

    I don't remember the accident, the police closed case with no citations

    Stephen’s Answer

    Although the question seems to be more like a statement I will give two part response.

    1. If it is your policy - Most inurance compaies include language in their policies that require you to cooperate with an investigation to include giving a statement under oath. Do not assume this until you hav an attorney review your policy for specific language, if any, requiring you to attend sworn statement. If you policy has such a requirement I would recommend that you have an attorney present when you make the statement. a good attorney will prepare you for the statement and will also prevent any abuse by the examiner.

    2. If it is the tortfeasors policy - You have no contractual duty to give a recorded statement to an insurance company for the person who wronged you.

    My website has a FAQ section that can give you more information on recorded statements. Fee l free to contact me.

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