After a negligence-based injury, there are eight things you shouldn’t say to your personal injury lawyer because they could hinder your case or harm your relationship. Above all else, avoid saying anything that is not true, and understand that the attorney/client relationship is confidential.
You also should not guess or embellish answers. Instead, answer any questions your lawyer has to the best of your ability and inform them if you are not sure of any answer. Allow them to assess the extent of your accident and resulting injuries and determine the potential value of your case.
Do Not Say Anything to Your Attorney That Is Not True
After an accident, the personal injury lawyer you hire cannot handle your case effectively without all the facts. Not only your attorney but the legal and insurance representatives for the at-fault party will also examine your case in detail. Any falsehood that comes to light could damage your credibility and your case.
Your lawyer is on your side, and anything you say with them is treated as privileged information under O.C.G.A. § 24-5-501. They will build the strongest possible case for you based on the actual facts and the story the accumulated evidence tells.
Always tell your attorney the truth, and they will explain how the facts and details might affect your case.
For a free legal consultation, call 404-214-2001
Do Not Exaggerate Your Injuries When Talking to Your Lawyer
Many law firms can provide a list of highly qualified healthcare providers in your area to assess and treat your accident-related injuries. When you visit these providers or talk with your lawyer about your injuries, you should avoid:
- Exaggerating the severity of your injuries
- Claiming to have injuries you do not actually have
- Attributing pre-existing injuries to your accident
Again, actions like these could cloud your case. Conversely, you should not give your injuries less weight than they deserve by telling your doctor or lawyer that you feel fine when, in reality, you are still hurting. For your recovery, physically and financially, you need to receive appropriate medical care for your current and future treatment.
Your lawyer needs an accurate picture of your injuries to determine fair compensation for all your healthcare needs.
Do Not Tell Your Lawyer You Will Handle Parts of Your Case Yourself
Before you choose a law firm to handle your case, you might have multiple consultations and speak to several legal teams. Once you choose an attorney, refrain from discussing your case with anyone else, including on social media. Insurers often review posts, and even a smiling photo can be used to argue your injuries are minor. If you have already posted about your accident, tell your lawyer.
Talking to the at-fault party’s insurance company after you have a lawyer could result in you saying something that they could use to limit your recovery later. If an adjuster calls, direct them to your attorney, and let your attorney know about any conversation you have already had. It can also be harmful to speak to multiple lawyers while you have representation.
Share your thoughts on your case with your attorney and allow them to communicate with other involved parties on your behalf. Doing so can protect your rights and your best interests.
Do Not Hide Injury Symptoms From Your Lawyer or Refuse Medical Attention
According to Mayo Clinic, a stress-induced rush of adrenaline can increase your heart rate, cause a rise in your blood pressure, and create a sudden burst of energy. That burst can mask initial pain. At a later time, you may notice symptoms that a physician should assess and your lawyer should know about.
After any accidental injury, seek medical attention as soon as possible.
Then, keep your lawyer informed. Do not wait for them to ask about your symptoms. Tell them when new ones appear, even if they seem minor. If you miss an appointment or stop treatment, say so. Your lawyer can address a gap in care much more easily when they hear about it from you.
Complete a Free Case Evaluation form now
Do Not Say Anything to Your Lawyer That Is a Guess or Speculation
Your lawyer will ask you many questions as your case takes shape. Each stage of the case process can bring new ones. In some cases, you may have to sit for a deposition or complete an interrogatory (a series of written questions). Things to keep in mind:
- Answer anything your lawyer asks you as succinctly as possible.
- Avoid exaggerating, downplaying what happened, or guessing an answer.
- A guess that turns out to be wrong can later look like a false statement.
- If you do not know the answer to a question, tell your attorney; saying “I don’t know” or “I don’t remember” is always better than filling a gap with speculation.
- If a detail comes back to you later, share it with your lawyer then.
Your attorney will help you prepare to testify and/or calmly and confidently answer questions.
Do Not Ask Your Lawyer to Just Take Your Word for What Happened
It can be hard to talk about an accidental injury because it can take a physical and psychological toll. Discussing an accident that resulted in catastrophic injuries can also be difficult, and your lawyer will understand that.
They will listen to your version of events with patience, kindness, and compassion, giving you one-on-one time to tell your story without feeling rushed. From there, they will conduct a robust investigation with the goal of accurately determining negligence and liability.
If you worry you were partly at fault, say so rather than deciding for yourself. Georgia’s contributory negligence rules are complex, and the evidence may show the other party bears most or all of the responsibility. This way, your lawyer can assess your post-accident recoverable damages to avoid having your case undervalued or underpaid.
Do Not Instruct Your Lawyer to Accept the First Settlement Offer You Receive
An accidental injury, especially one that prevents you from working, can cause sudden financial hardship for you and your family. That can make it tempting to accept the first offer you receive, but doing so is risky for multiple reasons.
All the costs of the accident may not be known, and you could be left with additional expenses you cannot recover later. In addition, you should never accept an offer your lawyer has not had an opportunity to weigh and measure or one you have not reviewed.
Do Not Tell Your Lawyer Your Accident Was Minor—Allow Them to Make That Determination
Your lawyer will investigate and assess every aspect of your case. Try not to form a preconceived notion about your case, its severity, or its value. Your lawyer will uncover these details as part of their investigation.
A detailed look at your case could prove your property is more severely damaged than it seemed at first or that injuries show symptoms later rather than sooner.
Your Initial Personal Injury Consultation Is Always Free
If you were injured in an accident due to negligence on the part of another person or entity, you could be entitled to recover financial compensation. Our legal team will review your case at no cost or obligation to you. You owe us nothing unless we win your case. We also advance all case expenses up front, which are repaid from your settlement only if we win.
Contact one of our consultation team members at Kaine Law to learn more about the eight things you shouldn’t say to your lawyer and the frank and confidential conversation you can have with our client-focused legal team. Our team also includes staff who speak Español. Call today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
