Attorney-Client Confidentiality prohibits an attorney from revealing information that relates to the representation of his or her client unless the client gives consent to disclose said information. Many larger law firms will have multiple lawyers handle one client’s case. In this situation, a client should give their primary attorney consent to disclose important information to the other attorney in their firm who is also handling their case. Beyond the transparent principle of confidentiality in and of itself, it’s important that clients know that their words are safe with their attorney. There’s a lot that your personal injury attorney must know about your life in order to best handle your case. Certain aspects of your life prior to your accident may affect your case. Furthermore, certain aspects of your life prior to your accident may be used against you by the defendant’s attorney. Here are some aspects about your life – which you may innately want to keep private – that your lawyer must know about.
It’s highly important that you tell your personal injury attorney about any prior physical or mental illnesses you have been diagnosed with in the past. Your opposing attorney may try to connect your prior injuries with the one you’ve incurred during your accident, which can either devalue or fully ruin your claim. Defense attorneys always have a medical background check done on plaintiffs for this very reason. The more your personal injury attorney knows about your prior injuries, the more equipped they’ll be to shut down this type of defense. Even if you don’t believe your prior injuries can have anything to do with the injury you’ve sustained in your accident, you must tell your personal injury attorney about it.
Mental illness can be a touchy subject, but it’s important that you tell your personal injury attorney about any mental illnesses you’ve been diagnosed with in the past, including substance abuse problems. Your opposing attorney may use this information to place question on your credibility, and your personal injury attorney must be ready for this, especially if you have an emotional distress claim. Your opposing attorney may claim your emotional distress was due to your prior mental illness and not the accident which caused your injury.
Much like your opposing attorney will run a medical background check on you, they’ll also run a criminal background check. If you’ve committed any crimes whatsoever, it’s important to tell your personal injury attorney. Your opposing attorney may use any crimes you’ve committed, particularly anything dealing with fraud or stealing, to place question on your credibility. Don’t let your personal injury attorney be blindsided by this defense. Tell them about any criminal history you may have.
Declaring bankruptcy may feel embarrassing for some. But you cannot withhold that from your personal injury attorney. This is extremely important. If you file for bankruptcy during your personal injury case, your non-economic damages may become an asset of your estate. This holds true in New York and some other states.
In other words, any money you receive for “pain and suffering” may not go to you. It may go to your creditors. You must tell your personal injury attorney if you are filing for bankruptcy. Your bankruptcy attorney and your personal injury attorney must work together in order to decide which set of exemptions is best for you.
No one wants to talk about divorce. But if you’re in the middle of a divorce during your personal injury case or planning a divorce, it’s important that you tell your attorney. Your attorney may want to depose your spouse from the trial. They may have resentments toward you and if they are called for testimony, these resentments could hurt your case. Also, if the decision to divorce was made based on your injury (ie. your inability to work or changes in your behavior post-accident), your personal injury attorney may be able to calculate this into your claim for emotional distress.
If you work “off the books”, tell your personal injury attorney. It’s important they know everything about your employment so they can properly approach recovery of any lost wages.
Many individuals don’t even know that they have Medicaid or Medicare, but it’s important that you look into this so you can tell your personal injury attorney. Your personal injury attorney must report to your insurer and work around their timeframe in order to get any information on existing liens.
It’s important you understand that unless you give consent for your attorney to disclose this information, it is safe with them. The best thing you can do is be upfront with your attorney, especially regarding the above categories.
[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]We want out followers to be informed on personal injury law. A lot of the information we cover in our blog posts aims to help victims of personal injury understand this sometimes complex industry. We recently discussed some simple mistakes that could hurt a car accident case.
As a busy personal injury law firm, we also see victims of personal injury weary to discuss aspects of their life with their attorney – some that are extremely important to the outcome of their case.
If your personal injury attorney is experienced, knowledgeable, and well-versed in handling a case such as yours, they may ask some personal questions about your life. Sometimes, information on your life can help them strategize the best approach in overseeing your case. Even if some information feels embarrassing or personal to you, a solid client-attorney relationship is critical to the outcome of your case.
Your lawyer may ask you personal questions and it’s crucial that you answer them truthfully.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_single_image image=”19980″ img_size=”full” alignment=”center” style=”vc_box_shadow” qode_css_animation=””][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]
In a personal injury case, your opposing attorney will conduct a medical background check on you. So from the very start, you need to be upfront with your lawyer about any prior or current illnesses, including mental illnesses, that you’ve been diagnosed with. Additionally, your case may involve an “emotional distress claim”. And any mental illness you may have can affect that claim, either benefitting your case or the opposite. Even though you may feel it to be too personal, you should discuss your mental health with your personal injury attorney.
If you’ve had prior injuries or chronic injuries, even if you don’t believe they have anything to do with your current injury, you must be upfront with your attorney about them. Your attorney will need to know about your health before you sustained your current injury. This is crucial. A defense attorney may try to connect prior or chronic injuries to your current injury. To defend this type of claim, your attorney must know about all prior or chronic injuries or illnesses.
It’s also important to tell your personal injury attorney if you have issues with substance abuse. This, too, can be a touchy subject for people. But it’s important that your attorney knows whether or not you have or have had substance abuse problems in the past.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]
Declaring bankruptcy may feel embarrassing for some. But you cannot withhold that from your personal injury attorney. This is extremely important. If you file for bankruptcy during your personal injury case, your non-economic damages may become an asset of your estate. This holds true in New York and some other states.
In other words, any money you receive for “pain and suffering” may not go to you. It may go to your creditors. You must tell your personal injury attorney if you are filing for bankruptcy. Your bankruptcy attorney and your personal injury attorney must work together in order to decide which set of exemptions is best for you.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]
You must tell your personal injury attorney of any misdemeanors or felonies you’ve been charged with and/or convicted of in the past. The defense attorney will run a background check on you. If you’ve been charged with anything that may reflect untrustworthiness on your behalf (such as fraud) the opposing counsel will most likely bring this up to discredit you as a witness. Your lawyer needs to
know about your criminal history. They may be able to prepare you for questions that may be asked in order to maintain you as a trustworthy witness.
Furthermore, if you fail to tell the truth about any criminal charges you’ve faced in the past while under oath, your case may be lost for good.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]
A divorce is also something many people simply don’t want to talk about. But if you’re in the middle of a personal injury case, and you’re planning on a divorce, you should tell your lawyer.
For one, your attorney may want to depose your spouse from the trial. Your spouse may have hard feelings against you, and if they’re brought into testimony, these hard feelings could end up hurting your case.
Secondly, if the decision to divorce was based on your injury (ie. your inability to work, a change in your behavior because of your injury), your lawyer may be able to calculate this into your claim for emotional distress.
Lastly, your settlement may be subject to division between you and your spouse. You must tell your attorney if you’re undergoing a divorce during your personal injury case.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]
Individuals who work off the books may not want to share this information. But it’s important that you tell your personal injury attorney if you do.
If you don’t pay state or federal taxes for income which is “off the books”, it may be difficult for your attorney to recover lost wages. Your personal injury attorney must know if your job pays “off the books” so they know how to go approach recovery of your lost wages.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]
If you have Medicaid or Medicare, and your insurance paid for the medical bills associated with your injury, you have to tell your personal injury attorney from the start. If you don’t, your case may take a longer to resolve. Your personal injury attorney will have to initially report to your insurer, and work around their time frames in order to get information on the lien.[/vc_column_text][vc_separator type=”transparent” down=”15″][/vc_column_inner][/vc_row_inner][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner][vc_column_text]If your personal injury attorney is experienced, they’ll likely ask you these questions. It’s important to never withhold the truth. Although you may feel these questions too personal, remember that attorneys are bound by law not to disclose client information (unless required by the Rules of Professional Conduct or other law). [/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]