Personal Injury Cases: Why Honesty Is the Best Policy.

A personal injury accident can be complicated. The insurance company might treat you as if you exaggerated your injuries or are at fault. As a result, you might feel the need to leave out specific details even when talking to your lawyer. Honesty is the best course of action. An attorney can help you pursue damages, but you could hurt your case if you withhold information. 

Attorney-Client Privilege Means Private Meetings

Throughout Indiana, clients usually have the legal right to confidentiality with their lawyers. Attorney-client privilege allows the person to confide to an attorney without worrying about disclosure to outside parties. Every bit of communication between you and a firm is private. In-person meetings, phone calls, text messages, and emails are confidential. Lawyers have a duty not to share details of the case with anyone. However, you can choose to waive the privilege in writing if you wish. A person can feel comfortable being upfront about the case due to their attorney-client privilege. You should be honest to increase the possibility of a positive result.

Why Honesty Is Necessary for a Personal Injury Case

From the initial meeting to the end of a case, an injured person needs to be honest with their attorney. A personal injury firm needs to know everything about a lawsuit to know what to expect. Honesty allows your lawyer to figure out the best strategy to win your case.

Some people feel tempted to share a portion of the story when discussing their accidents. They might worry what they say will make their case invalid and result in lost compensation. However, an omission of details can cost someone their case. The other side’s legal team likely will uncover the truth and use the facts against you.

Misrepresentation in court documents and the court can ruin a person’s chances of recovering damages. Dishonesty could lead to a judge dismissing a case or issuing sanctions. Sanctions usually are monetary fines. Additionally, a person could lose the trust of their lawyer. A lawyer’s trust is necessary for a strong case. Be upfront with your attorney to improve your chances of compensation.

What You Should Be Upfront About During a Personal Injury Case

Medical History

One of the topics you need to discuss accurately is your medical history. You need to be honest with your doctor about your condition after the traumatic event. Additionally, you should disclose prior injuries and pre-existing conditions. Accuracy can help your healthcare provider determine the best possible of treatment.

Your lawyer should have the truth about your medical history as well. Some defendants try to dismiss a claim with the argument of a pre-existing condition. The other side’s insurance company could try to downplay your injuries. You should inform your attorney of the extent of your injuries and your treatment plan.

Financial Situation

An individual should let their personal injury attorney know about their financial situation. Not many people consider an event like bankruptcy to be worth a discussion. However, the other party’s insurance company could use your financial situation against you.

The adjuster could leverage your distress to convince you to accept a lower offer. Additionally, the defendant might argue you exaggerated your injuries due to your financial situation. Your lawyer can protect you from the pressure of insurers.

Being honest helps attorneys provide better advice and structure settlements to benefit clients.

Sharing Negligence

Some states have comparative fault laws. The plaintiff can recover damages even if they are partially at fault. However, the court reduces the amount of compensation as the percentage of negligence increases.

Some places prevent the plaintiff from seeking damages if they are over 51% at fault. The other side may try to shift as much blame onto you to avoid large settlements. If you give an accurate depiction of the accident, your attorney can maximize your case results.

What Documents Should You Bring to a Personal Injury Case?

Medical Records

Your lawyer generally asks plenty of questions about the lawsuit, especially during the initial meeting. As you give them information, you should have some documents with you for them to review. One type of document is your medical records.

After you get medical care, your healthcare provider typically provides you records of what condition you had. The paperwork lists any procedures and treatments the doctor performed. Medical records also contain details of expenses and who all treated you.

A Police Report

Many accidents have a police report accompanying them. When a law enforcement officer arrives, they usually produce a report. The document describes what happened during the incident. You can find statements from the people involved and any witnesses.

You can obtain a copy from the local law enforcement agency. The insurance adjuster handling your claim could give you one if they requested a police report.

Paystubs

In a meeting, you should let your lawyer know if your injuries resulted in missed workdays. Paystubs are, indeed, necessary documentation for a personal injury lawsuit. Your lawyer can show how severe your injuries were. They can also calculate the value of your claim as well.

Communication With the Other Party

Let your attorney know of any correspondence with the opposing side. The defendant might have texted, called, emailed, or messaged you on social media. You should try to bring screenshots or recordings to your lawyer. What the opposing side told you could help you build your case.

Learn More About Honesty in Personal Injury Cases

If you have any questions, feel free to contact our office.