4 min read time
Table of Contents
Common Mistakes Clients Make When Discussing Their Case with an Attorney
When accident victims discuss their personal injury cases with an attorney, the key mistakes they often make are downplaying injuries, admitting fault prematurely, providing false information, or giving recorded statements to insurance representatives without a lawyer's guidance.
Always be honest and thorough to ensure your attorney has all the necessary information for your personal injury claim, as doing so will help in settlement negotiations and stay within all legal deadlines.
Hiding Personal Errors or Downplaying Injuries
You might think you need to hide mistakes or downplay injuries when talking to a personal injury attorney, but this isn't how it works. Your attorney is there to help and protect you under client privilege.
Being open about everything helps your lawyer build the strongest case possible.
Not Providing Sufficient Evidence
Evidence is crucial in proving your case to the insurance adjuster or in court, yet many clients underestimate its importance.
Common mistakes include failing to preserve photos or witness statements immediately after an incident and not gathering and providing all relevant medical records, including those from healthcare providers and other relevant sources.
Always document everything related to the accident and share it with your attorney during your free legal consultation.
Giving Your Attorney Speculative or False Information
Personal injury claims must always be backed by 100% facts, which means that if you provide your attorney with false information, you risk jeopardizing your legal case, as it could result in delays or even your attorney presenting the insurance company with a claim filing with incorrect information.
The Importance of Honest Communication with Your Attorney
Honest communication is vital when dealing with your personal injury lawyer.
Every detail you provide your attorney, including your medical records and prior accidents, can influence the outcome of your personal injury case, so it's crucial to share all relevant information without holding back.
Trust and transparency allow your attorney to build a strong defense based on complete facts.
Why Transparency Builds a Stronger Case
Being open and honest with your attorney about your personal injury claim helps them understand all the details of your situation and avoid costly mistakes later in your claim.
This includes sharing any existing injuries, existing conditions, or related incidents. Full disclosure allows your lawyer to build a robust case and recover damages by addressing potential challenges upfront.
A strong attorney-client relationship is key, as your attorney needs all the facts around your case, including any relevant social media activity, medical expenses, and lost income, to protect your rights and settlement effectively.
The Consequences of Hiding Information from Your Personal Injury Lawyer
Hiding information from your attorney can weaken your case, as your lawyer needs all the facts to build a strong claim to present in front of an insurance representative or jury.
Without full details, your personal injury lawyer might miss important points or make uninformed decisions. Being honest helps them protect their rights and fight for fair compensation.
Avoid Minimizing the Severity of Your Injuries
After an accident, adrenaline and shock can mask pain immediately following a crash, but hidden injuries like concussions or whiplash may not show up until later. Saying things like "I feel fine" or "it's not that bad" could lead the insurance company to believe your injuries aren't severe enough to warrant compensation, potentially minimizing your payouts.
It's crucial to seek medical attention right away and follow all recommended medical care plans, even if you don't think you need it. Also, the documentation you obtain for your medical treatment is essential for building a strong case.
Additionally, your personal injury lawyer needs every detail about your condition to establish the full extent of your damages, so be honest and thorough in describing your injuries and any symptoms you experience.
Refrain from Blaming Yourself or Apologizing
When dealing with a personal injury case, avoid admitting fault or apologizing for the incident, even if you believe you contributed to it.
Such statements can weaken your legal position and be used against you in court. Let your attorney investigate the details and determine liability based on evidence.
How Self-Blame Can Weaken Your Position
Admitting fault or apologizing after a car accident can hurt your case. Even saying "I should have known better" can be used against you.
Let your legal team investigate and determine liability based on evidence, not emotions, to ensure a favorable outcome. Avoid weakening your position by sticking to the facts and seeking legal representation from a personal injury lawyer immediately.
Do Not Discuss Fault Without Legal Guidance
Do not admit fault or apologize for the incident, as these statements can weaken your legal position. Insurance companies may use any admission against you to minimize payouts.
Always let your lawyer handle discussions about determining fault and settlement offers with the insurance adjuster based on evidence and legal expertise.
The 51% Rule and Its Implications
The 51% rule means that if you are found more than 50% at fault for an accident, you'll lose the right to any compensation.
If your fault is less, your damages are reduced by that percentage according to the legal process.
For example, being 20% at fault in a $100,000 personal injury case reduces your recovery to $80,000. Insurance companies often try to increase the fault assigned to minimize insurance payouts.
How Insurance Companies Exploit Fault Admissions
When you admit fault after an accident, either to the other drivers or during a recorded statement, insurance adjusters will try to increase the percentage of blame placed on you.
This tactic reduces the amount of compensation the insurer must pay out.
To protect your rights, stick to the facts and avoid speculating about who was at fault. Always schedule a free consultation with a personal injury attorney before discussing any details that could affect your case.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
