In this part of the country, there is an independent streak that can be found in many citizens. This personality trait encourages them to seek common sense, informal, and independent ways in which to resolve their differences, disputes, and problems. While this admirable trait embodies the American spirit, it can cause unintended consequences if permitted to run rampant after a personal injury case has been filed.
Speaking with Others About Your Case
There are certain individuals with whom you should refrain from speaking about your North Dakota or Minnesota personal injury case as doing so can jeopardize your chances for success and/or cause you additional legal troubles. The list of individuals to avoid speaking with include:
- The judge handling your case: Judges in a personal injury case are prohibited from having ex parte communications about pending cases – that is, judges cannot speak with one party to a lawsuit without having the other party present. If the judge handling your case is a family friend or personal acquaintance, stopping by for a visit to catch up on local news or the happenings in his or her life is fine: just do not discuss the facts of your case.
- The opposing party: You may be in a hurry to settle your case and as a result decide to bypass the defendant’s attorney and speak with the other party about a potential resolution. Your lawyer cannot speak with a represented party directly without that party’s permission, but this same ethical restriction does not necessarily apply to you. Nonetheless, speaking with the other party without your attorney’s knowledge or without permission from the other party’s attorney can complicate negotiations and prolong the case as it deprives your attorney and the other party’s attorney the opportunity to advise you as to the possible legal ramifications of the settlement you are discussing. If you do decide to attempt to reach a resolution with the other party by talking to him or her directly, at least notify your attorney beforehand and discuss the resolution you will be proposing.
- Insurance adjusters: If insurance adjusters come calling and asking you for a statement concerning the accident, there is no law requiring you to give a statement immediately. Before doing so, you should speak with your attorney so you can discuss what information to provide and what information not to disclose.
Your Personal Injury Attorneys are Here for You
Timothy O’Keeffe, Tatum O’Brien, and Sara Monson of O’Keeffe O’Brien Lyson Foss are here to help you resolve your personal injury case quickly and in a way that provides you with the maximum amount of compensation possible. Please feel free to contact one of them via email, or call O’Keeffe O’Brien Lyson Foss at 701-235-8000 or toll-free at 877-235-8002.