Yes, you definitely need an attorney before you appear at an Examination Under Oath or EUO. The outcome of an EUO can have a significant impact on your personal injury claim. Unfortunately, it may not be the outcome you desire. Before you face an EUO alone, we strongly urge you to contact our office to consult with one of our Maryland personal injury lawyers. We accept personal injury cases on a contingency fee basis and do not charge extra for representing clients at an EUO.
What is an Examination Under Oath?
An Examination Under Oath (EUO) is like a deposition, but much more formal and detailed. Insurance companies use an EUO as an investigative tool to gather more information about a claim. Some of the reasons why an insurance company may demand an EUO include:
- The company suspects fraud and wants to use the EUO to gather information to investigate the fraud;
- The company suspects that you may have exaggerated your injuries or losses;
- To try to determine if the information or statement you gave to the adjuster immediately after the accident has changed;
- The company wants to force you to commit to a statement of facts that it can use later to impeach your testimony in court if you change any part of your testimony;
- The insurance company is trying to get as much information as possible to evaluate the claim to decide if it should settle the claim or proceed to a trial;
- The company is comparing your testimony to the information it has gathered from other sources such as eyewitnesses, public records, etc.; and,
- The insurance company wants to judge how credible of a witness you may appear to a judge or jury, including how you answer questions, whether you appear honest or likable, and whether you can be easily rattled or angered during questioning.
It is very important to understand that the questions during the EUO may not be restricted to the accident and your injuries. The insurance company uses an EUO to evaluate your character, in addition to gathering information.
The lawyer for the insurance company could ask questions about a variety of subjects. Topics that may be covered in an EUO can include healthcare, employment, credit history, prior insurance claims, previous addresses, and personal relationships. Therefore, it is extremely important that you obtain competent legal counsel to prepare you for the examination.
How Can an Attorney Help Me Prepare for an Examination Under Oath?
An EUO could last for several hours and cover many subjects. Because the subjects covered during an EUO can be broad and complex, it is usually in your best interest to have an attorney help you prepare for the EUO. You want to do a good job and answer each question carefully and thoughtfully.
Remember, this process is not amicable. The attorney asking the questions represents the insurance company’s best interest. He is not asking questions to help you strengthen your claim. Therefore, hiring a Maryland accident attorney who has experience preparing clients for EUOs can be very beneficial for you.
Some of the steps our Parkville injury lawyers take when preparing our clients for an Examination Under Oath include:
- We review the process for the EUO, including any rules or procedures that will be followed during the examination;
- Our lawyers review the topics that might be discussed and potential questions that might be asked;
- We help clients anticipate how they would respond to various questions so that they can provide clear, concise answers to questions during the examination;
- Our lawyers review techniques that the attorney for the insurance company may use during the examination to rattle or frustrate a witness; and,
- We review and organize various documents that may be required or requested by the insurance company during the EUO.
When you hire an attorney for a personal injury case or when you receive notice of an EUO, make sure you hire a law firm with experience handling injury cases and representing clients in EUOs.
When Should I Contact an Attorney?
It is in your best interest to contact a Parkville personal injury lawyer as soon as possible after you are injured. Having an attorney by your side throughout the entire process of filing an accident claim ensures that an insurance company or insurance lawyer does not attempt to take advantage of you by unjustly denying your claim or undervaluing your claim. As we discussed above, the insurance company nor its adjusters or attorneys are acting in your best interest. You need someone on your side who is only concerned with protecting you and your family.
If you have not hired an attorney and you receive a notice for an EUO, call our office immediately. An attorney can help you prepare for the EUO. The attorney can also review your claim to provide legal advice, guidance, and support to increase the chance your insurance claim will be successful.
If you have additional questions or you want to meet with an attorney, contact Pinder Plotkin LLC by calling 410-661-9440 to schedule a free consultation and free case review with a Maryland personal injury lawyer.
The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. The information contained in this blog is also subject to change and should not be relied upon. Contact the Pinder Plotkin Legal Team for a FREE consultation.