When you meet with your attorney following an accident, you may feel the urge to curate your story. It is natural to worry that sharing “bad facts” such as a prior injury, a momentary lapse in attention, or a gap in treatment–might hurt your chances of receiving compensation. You might think, “If I skip this detail, my case looks stronger.”
However, seasoned legal professionals know the opposite is true. Withholding information doesn’t protect you; it disarms your greatest advocate. To secure the best possible outcome, your attorney must be the most informed person in the room.
1. The Power of Attorney-Client Privilege
Trust is the foundation of the attorney-client relationship. It is vital to understand that conversations with your lawyer are protected by Attorney-Client Privilege.
- What this means: You can tell your lawyer the “ugly” parts of the accident without fear that they will immediately share that information with the insurance company or the court.
- The Strategy: When your lawyer knows the entire truth, positive and negative, they can prepare a defense against the negative aspects. If they are kept in the dark, they cannot protect you.
2. Credibility is Your Currency
In a personal injury case, your most valuable asset is your credibility. If you omit a detail and the defense attorney uncovers it (which they often do through private investigators or database searches), it opens the door to impeachment.
- The Domino Effect: If a judge or jury catches you in a lie regarding a small detail, they are instructed to view your entire testimony with suspicion.
- The Risk: If you hide a minor fact, the jury may assume you are also lying about your pain, your injuries, and your financial losses. A single inconsistency can dismantle an otherwise valid claim.
3. Consistency Across Medical Records
Your honesty must extend beyond your lawyer’s office to your healthcare providers. Insurance adjusters meticulously cross-reference your statements.
- The Emergency Room vs. Follow-ups: If you tell the ER doctor one story and your specialist another, the insurance company will flag this as an inconsistency.
- Documentation: Doctors record exactly what you say. If you exaggerate or omit details to a doctor, those inaccuracies become permanent medical evidence that can be used against you in a deposition.
4. The “Pre-Existing Condition” Myth
A common reason clients withhold information is the fear that a previous injury will disqualify them from compensation.
- The Reality: Having a pre-existing condition does not bar you from a claim. Under Florida law, you can be compensated if a new accident aggravates an old injury.
- The Danger: If you deny a previous injury and medical records later prove it existed, it looks like fraud. However, if you are honest about it, your lawyer can distinguish between the old pain and the new injury, protecting your right to compensation.
Frequently Asked Questions: Honesty & Your Injury Claim
Q: Will my lawyer drop my case if I admit I was partially at fault?
A: Not necessarily. Florida follows specific negligence laws (comparative negligence) where you may still be entitled to compensation even if you were partially to blame. However, your lawyer needs to know this immediately. If you hide your potential fault, the defense will use it to ambush your case later. If you are honest, your lawyer can build a strategy to minimize the impact of your partial fault.
Q: Does Attorney-Client Privilege cover past crimes or embarrassing details?
A: Generally, yes. Attorney-Client Privilege is designed to allow you to be completely open with your counsel. Your lawyer cannot defend you against facts they do not know. If there is a sensitive detail in your background, tell your lawyer. They can determine if it is legally relevant and often move to keep irrelevant “bad character” evidence out of court.
Q: I had a back injury years ago. Should I tell the insurance adjuster?
A: You should discuss this with your lawyer first, but you generally cannot hide it. Medical databases often reveal past treatments. If you deny a prior injury, you look dishonest. If you admit it, your lawyer can argue that the accident aggravated a pre-existing condition, which is a valid legal claim for compensation. Honesty turns a “lie” into a “medical complication.”
Q: Why does it matter what I tell the Emergency Room doctor?
A: Insurance adjusters and defense attorneys scrutinize ER notes to find inconsistencies. If you tell the ER doctor “my neck hurts” but later claim “my back hurts” in a lawsuit, that discrepancy can be used to attack your credibility. Always report all your symptoms to every doctor you see to create a consistent paper trail of evidence.
Q: What if I simply forgot to mention a detail during my deposition?
A: Mistakes happen, but they must be corrected immediately. If you realize you gave inaccurate testimony or left something out, tell your lawyer right away. They can often file a correction sheet or clarify the record. It is much better to self-correct a mistake than to let the defense attorney prove you were “lying.”
We Can’t Fight What We Don’t See
Do not allow your case to be built on a fragile foundation. The defense’s job is to surprise you; your job is to ensure your lawyer cannot be surprised.
Give your legal team the tools they need to contextualize, explain, and manage any negative facts. When you provide a complete picture, you empower us to fight for the justice you deserve.
If you have been injured, contact the experienced Miami, FL injury lawyers at the Law Offices of Jose M. Francisco today.