“No B.S. straightforward answers to your Defense Base Act questions in simple, easy to understand English. No legal mumbo-jumbo, lawyer talk. Ever."
Defense Base Act Lawyer - Bill Turley
Don't Give A Recorded Statement!
Why you should NEVER give a recorded statement in your DBA case.
Should I give a recorded statement or a written statement with my Defense Base Act case?
If the adjuster tells you they need your statement in order to provide you with medical treatment or weekly compensation benefits, you need to make sure you read my free book - Win Your Defense Base Act Case. You can get a free copy of Win Your Defense Base Act Case here (UPS'd to you, for free).
I strongly advise you to never give a recorded or written statement to the DBA insurance company.
Why shouldn't I give a recorded statement?
You don't need to give a recorded statement in order to get DBA benefits. It will only be used to deny your claim. I suggest that you watch the video on this webpage before you give a recorded statement.
Let's back up a little. Most of you have seen police television shows, movies or even read in books what police officers must read to criminal suspects when they are arrested. This is called a Miranda warning. Don't get me wrong, I'm not an expert on criminal law. But what I can tell you is that the Miranda warning was named after a famous U.S. Supreme Court case that held police have to warn you that "...anything you say can and will be used against you in a court of law."
You're not going to get a Miranda warning with your Defense Base Act case. But anything you say to the insurance adjuster still can and will be used against you in court at your DBA trial.
The DBA adjusters are really good at getting well meaning people, honest people, to say stuff that will be used to deny their claim.
They are good at getting people to say things that can lead to evidence that will be used to deny their claim. This happens all the time.
You can expect the DBA adjuster to have all the documents related to your claim laid out in front of them. They will ask questions and/or suggest your answers in a way that is going to contradict either the documents, your doctors reports and/or witnesses in your case.
The DBA Insurance Adjuster
Don't blow your relationship with the DBA insurance adjuster. Don't be gabby, but don't be rude. Be polite and only say as much as is necessary. The last thing you want to do is motivate the insurance adjuster against you and your claim.
On the other hand, don't get all chatty with the DBA insurance adjuster. Remember, it is just like criminal law: everything you say can and will be used against you in a court of law. Depend on it. This is another reason to get a seasoned DBA lawyer.
You catch more flies with honey. While I suggest that you don't talk to the adjuster at all, if you do talk to the adjuster you must be nice and pleasant.
The nice adjuster
The nice insurance adjuster is probably the most dangerous. They will oftentimes be nice and sweet. They will tell you that they are trying to help you. And you'll probably believe it. But they are paid to deny claims. The insurance company doesn't make any money by approving your claim. Everything that is being said to you is designed to help the adjuster to provide a reason - sometimes the flimsiest of reasons - to deny your claim.
The nasty adjuster
This type of adjuster is almost as dangerous to your claim as the nice, sweet adjuster. Because the nasty adjuster can push your buttons and get you to lose your temper. Folks usually don't think clearly when they are mad and upset.
But there's another thing going on here. The adjuster is sizing you up to see if the Judge is going to like you. If the adjuster can get you to lose your cool, then they figure their attorney can do that at trial also. They know the Judge probably won't like you if you lose your temper. It's a gotcha. Even if you are telling the truth.
Playing with a rattlesnake
I compare talking to the adjuster to playing with a rattlesnake. While a few people may be trained to handle a rattlesnake, most folks are going to get bit. When you do get bit by the rattler - it can kill you. Just like talking to the adjuster can kill your DBA case.
"But I'm telling the truth"
Don't think for one minute that just because you're telling the truth, that you're good, you can talk to the adjuster. Court trials aren't about truth (don't take this the wrong way - you have to tell the truth about everything). Court trials are about what you can prove. If you can't prove it, then it isn't true.
Except, of course, when it's your credibility at issue. Then the DBA insurance company only has to suggest you're not being truthful (which they always will) and then provide evidence suggesting - not necessarily proving - you're not being candid, honest, etc.
If you're thinking this is unfair, I agree. But it doesn't change the facts of life.
My job to help you win your case, not to only tell you things that you may want to hear.
Don't expect for them to give you a copy
When you give a recorded statement, don't expect them to give you a copy of it or a transcript of your statement. That isn't going to happen. At least not very often. You will probably need your Judge to order the insurance company to give you a copy of your statement. And, by that time, a lot of damage can occur to your case.
My best advice
My best advice to you is for you to always tell the truth. Always. When bringing a court case, nothing is more important than your credibility. Nothing else is even close. The DBA insurance company lawyer is going to try and make you look like you are lying. If this happens, the Judge will rule against you and you will lose. Bank on it. I know I do.
But talking to the adjuster is never a good thing, even when you're telling the truth.
My second best advice - get my free book - Win Your Defense Base Act Case
Which brings me to my second best advice. The problem is that in many instances folks get caught in traps left for them by the DBA insurance company. In other words, they don’t know that they are messing up their case. Happens all the time. Well meaning honest folks get caught in one of the DBA insurance company traps.
Why you shouldn’t do anything until you read my book - Win Your Defense Base Act Case
I strongly suggest that you don’t do anything regarding your DBA case until you read my book. In fact, many of the 5 Star reviews on amazon.com will tell you the same thing. There is a reason for that. It’s because you need to know about the ways the DBA insurance company is going to try and trick your and trap you before you make one of these case ending mistakes.
Don’t talk to the adjuster, sign any forms (never sign any releases), give a recorded statement, go to your next medical appointment, go the defense medical examination (also called an IME), attend an informal conference, go to a Labor Market Survey appointment, give a deposition, hire the wrong Defense Base Act attorney, or do anything else related to your Defense Base Act Case BEFORE you read my book!
I guarantee that you will be glad that you did. The last thing you want to do is to make a mistake that is going to ruin your case that is easily avoided if you just know what to look for!
Defense Base Act Releases, Medical Releases and Employment Releases
I strongly suggest that you don't sign any medical releases or employment releases. I know that some of you may be thinking, "I have nothing to hide, I have a legitimate claim, it's ok that I sign a few forms, to make sure I get my DBA benefits." This is not only wrong, but very wrong.
I suggest that you read this article on DBA insurance company releases BEFORE you go ahead and sign any releases. If you read the article on DBA releases (the entire article, because it's toward the end that I lay out all the things you may be signing away by signing the form) - than I suggest you get my free book - Win Your Defense Base Act Case BEFORE you make a huge mistake.
If the DBA adjuster tells you they need you to sign authorizations in order to provide your DBA benefits, you really need my book. Seriously.
Here are some examples of the 5 Star reviews of the book - Win Your Defense Base Act Case on amazon.com
5.0 out of 5 stars
DBA Injury? You need this book!
If you have an injury overseas working for a DOD contractor, this book will explain (in plan language) a step by step plain on understand and receiving the proper treatment, settlement and if you need a lawyer what that process entails. This book helps you (in an ethical way) work with and understand what your company and the DBA insurance company can and cannot do, and what are your option.
5.0 out of 5 stars
DBA case: It's a Chess game, not checkers.
June 15, 2017
5.0 out of 5 stars
July 28, 2017
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This article/video isn't legal advice
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful as folks might have hoped for.