Do I need a lawyer when I’ve received a letter of representation about a personal injury?
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Do I need a lawyer when I’ve received a letter of representation about a personal injury?
In my home, I had a person that was bit by my dog a while ago. At this time, I’ve received a letter of representation from their attorney requiring that I furnish over all records of my dog to the lawyer. Should I do this? Do I need a personal injury lawyer too? The letter mentions that if we do not cooperate then the lawyer would have to follow litigation. Also, the damages were only superficial to the person and they were fine within a week. They did not spend the night at the hospital either. In Norristown, PA.
Asked on August 19, 2010 under Personal Injury, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) You don't need to turn anything over until/unless you are sued and the proper legal mechanisms which are part of a lawsuit (called "discovery") are invoked, except...
2) If you have homeowner's insurance, you should notify your insurer of the claim and cooperate with your own insurer, which may involve turning over records to your insurer. (Failure to notify and cooperate could invalidate coverage you'd otherwise have available.
3) The person bit cannot recover more than their actual damages (e.g. medical costs, lost wages) plus possibly pain and suffering (for more serious injuries). If you are sued--or wish to consider settling--you will have the chance to see (in court) or ask for (as part of settling) evidence of the injuries, their severity, and any costs or economic losses.
4) Once you're threatened with a lawsuit, you probably should retain a lawyer to defend you and/or negotiate a lower settlement on your behalf; though if your insurer defends you, they will provide the lawyer.
5) Getting back to (1), above--don't provide anything until you consult with an attorney.
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