When you are involved in a personal injury case, your lawyer needs access to more of your personal information than you might think. Other than the details about your primary injury, here are a few other discussions you may need to have with your attorney (even if they don’t bring it up first).
Injuries Before & After
Let’s say that your personal injury lawsuit is the result of a fall that you experienced at the local supermarket. However, you hurt your knees a few years ago while skiing. If you visited a doctor regarding your knee injury, then there are likely documents the opposing counsel can access and use to claim that you were predisposed to a fall. For this reason, you need to tell your personal injury lawyer about any injuries that you experienced BEFORE the current one.
Likewise, if you have experienced any injuries SINCE the one that prompted the personal injury lawsuit, then you should also bring your attorney up to speed with the new information. If it looks like you are trying to receive compensation for injuries unrelated to the lawsuit, then the opposing counsel could try to exploit that.
Disclose Criminal History
If you have a misdemeanor or felony, then you should bring it up to your attorney. Insurance companies tend to run background checks and could try to use this information against you.
Talk about Divorce
If you have recently filed for divorce or plan to do so during the lawsuit, then you should discuss this with your personal injury lawyer. Financial support that you received from your spouse after your injury may entitle them to compensation.
Be Frank about Bankruptcy
Settlements that you receive from personal injury lawsuits could be affected by bankruptcy claims. So if you filed for bankruptcy or think you may do so (link to bankruptcy blog post) during the case, then you need to advise your attorney of the situation.
The reasons for giving your personal injury attorney all of this information is so that they are prepared to address any situations that may arise during the case. Financial, marital, criminal and other personal details can become a part of the lawsuit, even if you think they do not apply. By giving your lawyer all of the information as soon as possible, you allow them to be organized and to represent you in the most thorough and effective manner.
Questions about personal injury cases?
See what types of events qualify as personal injury and how to get a referral to an attorney in the San Diego area.