You’ve just experienced a life-changing catastrophic injury, and now the insurance company is calling, pressuring you to give a recorded statement. It’s a terrifying and confusing situation. But what you say (or don’t say) in those first conversations could make or break your chances of securing the full compensation you deserve. Knowing what to say to the insurance adjuster after a catastrophic injury is crucial.
What the Insurance Company Wants — and Why You Shouldn’t Give It to Them
What to Say to the Insurance Adjuster After a Catastrophic Injury
The Recorded Statement
One of the first things the insurance adjuster will likely ask for is a “recorded statement.” This is an audio recording of you describing the accident and your injuries in your own words. The purpose is to get you to say things that can be used against you later — even if it’s totally unintentional.
The smartest move is to politely refuse to give a recorded statement and instead refer the adjuster to speak with your personal injury attorney. This protects your legal rights and ensures you don’t inadvertently say something that could hurt your case down the line.
Over 60% of insurance claims are denied based on what the claimant says in their recorded statement (IIABA, 2022)
What You Should Say — and How to Say It
Be Firm, but Courteous
When the insurance adjuster calls, be polite but firm. Thank them for reaching out, but make it clear that you will not be providing any recorded statements or other detailed information about the accident or your injuries. Simply state that your lawyer will be handling all communications and requests going forward.
The average time to resolve a catastrophic injury claim is 3-5 years (AANS, 2022)
Stick to the Facts
If you do choose to speak with the insurance adjuster, keep your responses brief and stick to the basic facts. Provide only your name, the date and location of the accident, and a high-level description of your injuries. Avoid speculating or giving any details about how the accident happened or the full extent of your injuries and damages.
In 2022, the average compensation for a catastrophic injury claim in Florida was $4.2 million (CHG Law data)
What You Should Never Say
Avoid Admitting Fault
No matter what, do not admit any fault or apologize for the accident. Even if you believe you may have contributed to the accident in some way, the insurance company will use any admission against you to deny or undervalue your claim.
Don’t Downplay Your Injuries
It’s also important not to minimize or downplay the severity of your injuries, even if you’re feeling better in the moment. The insurance company will seize on any statements you make that suggest your injuries are not as serious as they really are.
Less than 5% of catastrophic injury claims are resolved in the first 12 months (NSCISC, 2021)
Frequently Asked Questions About Traumatic Brain Injuries
What should I do if the insurance company keeps calling?
If the insurance company continues to call and pressure you for a recorded statement or other information, the best thing to do is refer them to your lawyer. Your attorney will handle all communications with the insurance company on your behalf, protecting your rights and ensuring you don’t say anything that could jeopardize your claim.
Can the insurance company force me to give a recorded statement?
No, the insurance company cannot legally force you to give a recorded statement. You have the right to refuse to provide any recorded or written statements without your attorney present. Politely decline and refer them to your attorney.
How long does a catastrophic injury claim typically take to resolve?
Catastrophic injury claims can take anywhere from several months to several years to resolve, with most cases settling within 1–3 years depending on the complexity of the injuries and whether litigation is required. CHG Law will work diligently to get you the maximum compensation as quickly as possible, but patience is key in these complex cases.
Do I really need a lawyer for my catastrophic injury claim?
Yes, it is strongly recommended to have an experienced catastrophic injury lawyer to represent you. Insurance companies have teams of adjusters and lawyers whose sole purpose is to minimize the amount they have to pay out. Having a skilled attorney on your side ensures your rights are protected and that you get the full compensation you deserve.
Do I have to pay any upfront costs to work with CHG Law?
No, CHG Law operates on a contingency fee basis, which means you don’t pay any attorneys’ fees or case expenses unless they win your case. They advance all costs and only collect a percentage of the final settlement or verdict.
Why Choose Cornish Hernandez Gonzalez?
Experience with Catastrophic Injuries
We’ve handled hundreds of serious injury cases in Miami. We understand the unique challenges of catastrophic injuries.
Resources for Complex Cases
Catastrophic Injury cases require significant resources. We have:
- Relationships with top medical experts
- Financial resources for lengthy litigation
- Technology for case presentation
- Support staff for detailed case management
Proven Results
We’ve recovered millions for Miami catastrophic injury victims. Our track record speaks for itself.
Personal Attention
We limit our caseload to provide personal attention. You’ll work directly with experienced attorneys, not junior staff.
Spanish-Speaking Team
Miami’s diverse community deserves legal representation in their preferred language. Hablamos español.
Don’t Wait – Your Future Depends on Action
Catastrophic Injuries change everything. The medical bills pile up quickly. The pain never seems to end. Simple tasks become impossible. Your family suffers watching you struggle.
But you don’t have to face this alone. Legal help is available, and time is running out.
Florida law gives you a limited time to file a claim. Evidence disappears. Witnesses forget. Insurance companies use delays against you.
The sooner you call, the stronger your case becomes.
Contact Cornish Hernandez Gonzalez Today
If you or someone you love suffered catastrophic injuries in Miami, we’re here to help. Our experienced catastrophic injury lawyers will fight for the compensation you deserve.
Your consultation is completely free. We don’t get paid unless we win your case.
We Serve All of Miami-Dade County:
- Downtown Miami
- Coral Gables
- Aventura
- Kendall
- Homestead
- Hialeah
- Doral
- Pinecrest
Don’t let insurance companies take advantage of you during this difficult time. Call Cornish Hernandez Gonzalez today. Your recovery starts with a phone call.
Hablamos español.
Remember: You have limited time to protect your rights. Don’t wait – call today.
Call (305) 745-7035 now for a free, no-obligation consultation.
This article is provided for informational purposes and does not constitute legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. For personalized legal guidance on your injury claim, consult with a qualified personal injury attorney in your jurisdiction.
