What Should You Not Say to a Personal Injury Lawyer?

If you are meeting with a personal injury lawyer after an accident, you generally should not try to hide unfavorable facts or tell the attorney what you think he or she wants to hear.

A better approach is to be candid.

Your attorney needs accurate information to evaluate the strengths and weaknesses of the case, anticipate arguments an insurance company may make, and determine how to address potentially difficult evidence.

Here are several mistakes to avoid when speaking with your personal injury lawyer.

1. Do Not Exaggerate Your Injuries

Explain what you are experiencing accurately.

Saying an injury is worse than it actually is can create credibility problems, particularly if medical records, photographs, surveillance, employment records, or other evidence contradict what was reported.

Likewise, do not minimize a significant injury simply because you think you are supposed to “tough it out.”

Tell your lawyer what is actually happening.

2. Do Not Hide Previous Injuries or Medical Conditions

A prior back problem, previous car accident, earlier surgery, or other medical history does not automatically prevent someone from pursuing a personal injury claim.

Trying to conceal it can be much more damaging.

Insurance companies may obtain medical records and other information during a claim or lawsuit. Your attorney is in a much better position to address a previous condition if he or she knows about it early.

3. Do Not Hide Facts That Could Make You Partially Responsible

Tell your attorney if you think you may have contributed to the accident.

For example, after a car accident, that could include questions about:

Florida’s comparative fault law can make the percentage of responsibility an important issue in negligence cases.

Your lawyer needs to know about potentially unfavorable facts before the insurance company raises them.

4. Do Not Guess When You Do Not Remember

If you genuinely do not know or cannot remember something, say so.

There is a significant difference between remembering a fact and trying to reconstruct what probably happened.

Accurate information helps an attorney compare your recollection with photographs, crash records, witness statements, medical records, and other evidence.

5. Do Not Hide Communications With the Insurance Company

Tell your lawyer if you have already:

Those communications may be important to determining what happens next.

If fault may be shared after a crash, it is also important to understand Florida’s 51% rule after a car accident and how your percentage of responsibility can affect compensation.

6. Do Not Forget About Social Media

Tell your attorney about relevant social-media activity, particularly if you have posted about the accident, your injuries, travel, exercise, work, or other activities that could be interpreted in relation to the claim.

Do not assume that a post cannot become relevant simply because an account is private.

Your lawyer can explain how evidence and preservation obligations may apply to your particular situation.

7. Do Not Hide Previous Claims or Lawsuits

Previous injury claims are another topic to discuss candidly.

A previous accident does not automatically invalidate a new claim. However, prior injuries involving the same part of the body or previous allegations about similar symptoms may become relevant.

Knowing about them allows your attorney to evaluate the issue before it becomes a surprise.

What Should You Tell a Personal Injury Lawyer?

At an initial consultation, useful information can include:

You do not need to have every document before speaking with an attorney.

Why Honesty With Your Own Lawyer Matters

An attorney can prepare for a difficult fact.

It is much harder to prepare for information that was never disclosed.

Open communication allows the attorney to evaluate the case realistically, identify potential problems, determine what additional evidence may be needed, and give more informed advice about the available options.

Speak With a Maitland Personal Injury Lawyer

If you were injured because of another person’s negligence, Kennon Law can evaluate what happened and explain the options that may be available under Florida law.

Our Maitland personal injury lawyers handle cases involving car accidents, truck accidents, motorcycle crashes, unsafe properties, defective products, and other serious injuries.

Kennon Law’s office is located at 1009 Maitland Center Commons Blvd in Maitland.

Contact our office to schedule a free consultation.