You should never lie to your personal injury lawyer, hide prior injuries, exaggerate your symptoms, or leave out facts that could affect your claim. Your lawyer needs the full story to evaluate your options, anticipate the insurance company’s arguments, and protect your interests.
Florida’s lawyer confidentiality rules are designed to encourage open communication between attorneys and their clients. Rule 4-1.6 of the Rules Regulating The Florida Bar generally prohibits a lawyer from revealing information related to a client’s representation without consent, subject to specific exceptions.
Should I Hide Bad Facts From My Personal Injury Lawyer?
No. It may be tempting to leave out a detail you think could hurt your case, but doing so can make your lawyer’s job much harder.
Be upfront about prior accidents, injuries, medical conditions, criminal history, or statements you made after the accident if they could be relevant. Insurance companies may obtain medical records, deposition testimony, social media posts, and other evidence while investigating a claim.
An unfavorable fact is usually easier to address when your lawyer knows about it from the beginning. If the opposing party discovers it first, your attorney may have fewer options for dealing with it effectively.
Should I Exaggerate My Injuries or Symptoms?
No. Describe your injuries honestly rather than making them sound better or worse than they are.
Medical records and other evidence often play a major role in showing the extent of an injury. If your description of your symptoms does not match those records, the insurance company may question your credibility.
Instead, be specific with your lawyer. Explain where you experience pain, which activities have become difficult, how treatment is going, and how your injuries affect your work and everyday life. These details can give your attorney a clearer picture of what you are going through.
Should I Tell My Lawyer I Was Not at Fault if I’m Unsure?
Tell your lawyer what actually happened rather than trying to decide for yourself who was at fault. Details that seem insignificant at first can become important when a Florida personal injury claim is investigated.
Florida Statutes § 768.81 uses a modified comparative fault system for most negligence cases. A claimant’s damages are reduced according to their percentage of fault. A person found more than 50% responsible for their own harm generally cannot recover damages under the statute, with an exception for medical negligence claims.
For that reason, accuracy matters. Give your lawyer the facts as you remember them and allow the investigation and available evidence to help determine fault.
Why Does Honesty With Your Lawyer Matter in a Jacksonville Personal Injury Case?
Honesty gives your lawyer the information needed to make informed decisions about your Jacksonville personal injury claim. Even an experienced attorney cannot prepare for a fact they do not know exists.
Baggett Law Personal Injury Lawyers has recovered tens of millions of dollars for clients. Those results do not guarantee an outcome in any particular case, but they reflect the firm’s experience handling significant injury claims.
Being open with your attorney allows that experience to be put to work with a clear understanding of your circumstances.
Frequently Asked Questions
Are Conversations With My Personal Injury Lawyer Confidential?
Generally, yes. Florida Rule of Professional Conduct 4-1.6 protects information relating to a lawyer’s representation of a client, subject to specific exceptions.
Should I Tell My Lawyer About an Old Injury?
Yes. Tell your lawyer about prior injuries and medical conditions that could relate to your claim. Being upfront allows your attorney to address those issues before the insurer raises them.
What If I Already Lied to the Insurance Company?
Tell your lawyer exactly what you said as soon as possible. Your attorney needs accurate information to evaluate how the statement could affect your claim and determine how to address it.
How Long Do I Have to File a Personal Injury Lawsuit in Florida?
Florida Statutes § 95.11 generally gives a person two years to file an action founded on negligence. Different deadlines or exceptions can apply depending on the type of claim.
Contact the Jacksonville Personal Injury Lawyers at Baggett Law Personal Injury Lawyers for a Free Consultation
You may feel uncomfortable telling your lawyer about something that could hurt your case. However, being candid from the start gives your legal team the opportunity to understand the issue, prepare for it, and determine the best way to move forward.
Baggett Law Personal Injury Lawyers represents injured people in Jacksonville and throughout Northeast Florida. Call our Jacksonville personal injury lawyers today to schedule a free consultation.
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and the surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167