STATEMENT TAKING TECHNIQUES
D. How to Take the Statement
1. Prepare an Outline, But Do Not Feel Like You Can’t Deviate From It An outline assists with ensuring that the areas which should be addressed will be covered.
However, this should be used only as a guide. For example, often times an individual will provide a response to a question, but once it is reviewed one can see that it was not actually an answer to the question asked. Furthermore, many times the responses will lead to follow up questions which will provide more important information. However, that opportunity will be missed if the follow up questions are not asked. Many times it is easy to spot an experienced adjuster who uses the individual’s answers to guide the next area of inquiry. In addition, one should not be afraid to ask a "dumb" question. For example, if the witness provides an answer that you do not understand or uses a term you are not familiar with, you should inquire further. Once those follow up questions are explored, having an outline allows you to come back to the issues which must be addressed and ensure that all of the key topics are covered. The key to taking a good statement is working to obtain as much information as possible about the witness' knowledge, closing as many doors as possible by getting the witness to commit to a version of events and/or the extent of his/her injuries, and obtain as many admissions as possible.
(a) Start the Statement
It is helpful to start the statement by explaining the process to the individual providing the statement. Many times the individual does not know what they will need to do or what to expect. This also provides an opportunity to establish some ground rules. For example, advise the individual that if for any reason he does not understand a question, to let you know and that you will rephrase it. Likewise, if for any reason they do not hear your question they should let you know. This makes it more difficult for the claimant to attempt to change his answer at a later date during a deposition by claiming he did not understand the question. In addition, this is an opportunity to establish a courteous demeanor, which will provide you with the best opportunity for obtaining information. Also, take this time to explain that the conversation is being recorded. As such, ask the witness to allow you to finish your questions before he responds with an answer. This will ensure that the statement is clear. Many times a statement, when transcribed, consists of unfinished questions and vague answers. Likewise, try to ask simple questions that are open ended. This will give the claimant an opportunity to give answers based on what he believes is important and relevant.
(b) Obtain Background Information
During the statement taking process, ask questions which obtain identifying information such as a person's full name, date of birth, address, social security number, driver's license number, and telephone number (including a cell phone). Furthermore, it is important to ask if the individual has any plans on moving in the next few years and if so, where they may be moving to. If they
will tell you, it is helpful to find out whether they are married, the name of their spouse, and whether they have any children. Try to establish if they are employed, and if so, where they work, how long they have worked there and what job duties they may have. This not only assists in attempting to locate potential witnesses in the future, but it also helps with assessing a witness’ credibility or, in terms of the claimant, determining if he will attempt to allege a wage loss claim.
(c) Information Re: the Accident/Incident
During the statement, try to obtain as much information as possible regarding a description of the accident or a premises injury, etc. The following lists are to be used as suggestions for possible areas of inquiry. However, they are not to be considered exhaustive.
(1) Auto
Areas of Inquiry: the events leading up to the accident, who the claimant may have been with, what the plaintiff or witness had been doing prior to the accident, the date, the time of day, the weather conditions, traffic conditions (light or heavy traffic), what lanes the vehicles were traveling in, the sequencing of traffic control devices, where the person had been traveling to and from, all of the occupants in each vehicle, a description of the accident itself, speeds, distances, where the vehicles impacted, the damage done to the vehicles, whether the vehicles were drivable, whether the parties were able to get out of the vehicles and walk around at the scene, were there any discussions at the scene (including with police officers and witnesses), names and addresses of any witnesses, whether claimant experienced any pain in any part of his/her body at the scene, whether anyone was transported by ambulance from the scene and whether they know if any photos exist.
(2) Premises
Areas of Inquiry: who was present at the premises when the incident occurred, activities leading up to the incident, description of the scene and specifically where the incident took place, how the incident occurred, the exact position of the claimant, did the claimant trip, stumble, miss a step, any other witnesses, was claimant carrying any objects, was he/she distracted (watching something, talking, looking somewhere else), who owned the premises, type of premises (one family-apartment), age of the premises, was the claimant there by invitation, any prior visits to the premises, physical condition of the claimant, the type of clothing claimant was wearing, the weather conditions, the lighting conditions, any conversations at the scene, any reports made, whether claimant experienced any pain in any part of his/her body at the scene, whether anyone was transported via ambulance for any treatment, and whether they know if any photos exist.
2. Medical Treatment/Injuries
Use the statement to establish what injuries the claimant alleges he sustained as a result of the incident. Inquire as to when the claimant first realized he was hurt. It is important to inquire as to the claimant’s doctors, when the claimant first went to see the doctors, how many times the
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claimant has been seen and whether they have any appointments currently scheduled. If possible, in addition to the doctor’s names, attempt to obtain information regarding the facility each doctor is associated with so that medical records and bills can be requested. Information received during the statement from a claimant also assists with determining if there was a gap in treatment, i.e. the claimant waited three weeks after the accident before seeing his doctor for the first time.
3. Determine the Current Status
While taking the statement, it is helpful to inquire as to whether or not the claimant is employed, if he/she has been able to work since the accident, if a doctor has placed any work restrictions on them, when the claimant plans to return to work, what hours/shifts the claimant worked prior to the accident, and how much money the claimant was making at the time of the accident. In addition, inquire as to any current pain complaints the claimant may have, a detailed description of the pain the claimant is experiencing, whether they are not able to participate in certain activities, and whether the claimant is taking any medications.
4. Closing Out the Statement
Once you feel that you have completed the statement, it is helpful to confirm with the claimant that he heard your questions and understood them. Likewise, at this juncture, you can give the claimant the opportunity to offer any other information about the incident that he may not have been asked about, but he thinks may be relevant.
Heidi E. Ruckman
- Of Counsel
Prior to joining Heyl Royster, Heidi was in private practice and concentrated in the areas of personal injury defense and related insurance matters. She represented corporate clients in contract and business related disputes. These clients included mortgage companies, construction companies, excavation companies, gas station owners, disposal companies, farm chemical companies, automobile dealerships, and real estate companies. Heidi also represented municipalities in various litigation matters and zoning issues. Heidi has tried a number of these cases to verdict.
She joined the firm's Rockford office as an Of Counsel Attorney in September 2006. Since joining the firm, Heidi concentrates her practice in the defense of corporations in contract and business related disputes, the defense of health professionals who offer care in prison settings, and agricultural law litigation matters.
Professional Associations
Winnebago County Bar Association (Trial Section)
Illinois State Bar Association
Winnebago County Arbitrator Court Admissions
State Courts of Illinois
United States District Court, Northern District of Illinois
Education
Juris Doctor, The John Marshall School of Law, 2000
Bachelor of Arts-Political Science with an emphasis on public law (Summa Cum Laude), Northern Illinois University, 1997
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