What Not to Say to a Personal Injury Lawyer After a Columbia, MO Car Accident

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. EC personally meets with each of his clients during their initial consultation following a Columbia, MO car accident. 

Are You Nervous About How To Communicate With a Personal Injury Lawyer in Columbia, MO? Duckworth Injury Law Is Here To Be Your Trusted Legal Advocate

After a Missouri car accident, it is normal to feel overwhelmed. You may be hurt, worried about medical bills, missing work, or unsure whether you even have a case.

When you call a personal injury lawyer, you may also worry about saying the "wrong" thing. The truth is, your lawyer needs you to be open and honest. You do not need to present a perfect version of the accident, you simply just need to share the real one.

The most helpful thing you can do during an initial consultation is tell your lawyer the truth, including the facts you think may be difficult or hurt your case.

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal protection for confidential communications between you and your lawyer when you are seeking or receiving legal advice. In plain language, it generally allows you to speak honestly with your attorney about your case without expecting that the other driver's insurance company and/or lawyer can force your lawyer to repeat those private conversations in court or through discovery.

Attorney-client privilege is important as it allows a lawyer to give better advice and prepare a stronger case as the client feels safe sharing the whole truth. While it does not allow you to make up facts or hide/destroy evidence in a case, it does help your lawyer understand difficult facts, prepare truthful answers, and make informed decisions about your case.

Your lawyer also has professional duties to protect information relating to your representation, subject to limited legal exceptions. To help preserve confidentiality, it is usually best to discuss the details of your case privately with your attorney or legal team rather than in front of friends, family members, or other third parties.

Why the "Bad Facts" Matter

You may worry that telling your lawyer every detail will make them decide not to take your case. In reality, honest information helps your lawyer evaluate the case correctly and develop a strategy from the start. There is rarely a case with “perfect facts”, and nearly every personal injury case will have some “bad facts” which need to be addressed. 

When your attorney knows the difficult facts early, they can investigate them, gather supporting evidence, prepare you for questions, and address those issues before the insurance company controls the narrative. Sometimes a fact that first appears harmful may have an explanation that makes the situation more understandable.

Do Not Hide Facts You Think Make Your Case Look Bad

Many injured people hesitate to tell a lawyer something they fear will hurt their case. Maybe you were speeding. Maybe you glanced at your phone. Maybe you did not seek medical treatment right away. Maybe you had an old injury to the same body part. 

While you may be nervous to tell your lawyer these things, please do so anyway. A bad fact does not disappear because it is left out of the first conversation. Insurance companies will investigate your claim thoroughly. They will review police reports, medical records, photographs, vehicle data, social media, witness statements, and prior claims. If a bad fact surfaces later, your lawyer has less time to address it, and the insurance company may try to make it look like you were trying to hide something.

Most importantly, your lawyer cannot prepare for facts they do not know. For example, a pre-existing back injury does not automatically mean the new crash did not hurt you. A delayed doctor visit does not automatically mean you were not injured. A mistake before the collision does not automatically mean you have no claim. Missouri injury cases often involve complicated facts, and your lawyer needs the details to understand what happened and build the strongest case possible using all the information available.

Do Not Minimize Your Injuries

Some people are uncomfortable talking about pain. They may say, "I am fine," "It is not that bad," or "I do not want to complain." Others may believe their injuries will improve quickly and do not want to make a big deal out of them. However, the pain you are experiencing and your injury information matters.

Tell your attorney where you hurt, when the pain began, what makes it worse, and how it affects your daily life. Explain whether you are having trouble sleeping, driving, working, exercising, caring for children, doing household tasks, or enjoying activities you used to do.

You should also tell your lawyer about symptoms that may seem unrelated, including headaches, dizziness, anxiety, nightmares, panic while driving, trouble concentrating, depression, or fear of getting back in a vehicle. And remember that your physical injuries are only part of the story, a serious crash can affect a person's sense of safety, independence, and peace of mind. Your attorney needs to understand the full impact of the wreck, not just what appears on an X-ray or medical bill.

Do Not Leave Out Prior Injuries or Accidents

It can feel embarrassing or frustrating to discuss old injuries, previous car accidents, workers' compensation claims, or prior lawsuits, however, these details are important.

The insurance company may find past records and use them to argue that your current symptoms are old or unrelated to the wreck. Your lawyer needs to know about those issues early so they can review the records, understand the timeline, and explain the difference between your condition before and after the crash.

Do Not Downplay Gaps in Medical Care

There are many understandable reasons someone may wait to see a doctor after a crash. You may not have had health insurance, you may have hoped the pain would go away, or you may have been focused on work, family, transportation, or other urgent concerns. Tell your lawyer about any delay in treatment or missed appointments, and do not simply assume it ruins your case.

While a gap in care may be something the insurance company points to, it can often be addressed with honest context. Your lawyer may be able to explain why you delayed treatment, what symptoms you experienced during that period, and how the injury affected you. Do not guess, exaggerate, or rewrite your medical timeline, and give your lawyer the real timeline so they can prepare for questions before the insurance company raises them.

Do Not Hide Social Media Posts, Text Messages, or Photos

Your lawyer should also know about social media posts, messages, photos, videos, and other evidence connected to the crash or your injuries. A smiling photo from a family gathering does not prove you were not hurt. Likewise, a post about a vacation does not necessarily show you were pain-free. 

However, insurance companies may take material out of context and use it against you. Tell your attorney about anything that could be misunderstood, including posts you made before or after the wreck, messages about the crash, photos of your injuries, and videos of you doing physical activities. Once again, your lawyer cannot protect you from surprises they do not know about.

Do Not Be Afraid to Discuss Your Emotional State

A car accident can be very traumatic. You may feel angry, anxious, embarrassed, scared, frustrated, or depressed, causing you to lose the safety of your normal routine. You may also be worried about your job, finances, or family. These feelings are not a sign that you are weak or "making too much" of the crash, but they are rather a real part of the harm you have experienced.

Be honest with your lawyer about how you are doing emotionally. That information helps your legal team understand your needs, communicate with you more effectively, and identify the full impact of the collision.

The Bottom Line of Communicating With a Personal Injury Lawyer in Columbia, MO

After a Columbia, Missouri car accident, do not try to tell your lawyer the version of events you think they want to hear, simply tell them the truth. 

Share what happened before, during, and after the crash. Explain your injuries, your treatment, your worries, and the ways the accident has changed your life. Include facts you think may be unfavorable. Your attorney's job is to help you understand your options, prepare for challenges, and pursue your claim based on the real facts of your case. The more complete and honest you are from the beginning, the better prepared your lawyer can be to fight for you.

Talk With a Columbia, MO Car Accident Lawyer

You do not have to have every answer before you ask for help. You just need a chance to tell your story honestly and learn your options.

At Duckworth Injury Law, we listen to the full picture, including your injuries, your concerns, and the facts you may be worried will hurt your case. The sooner we understand what happened, the sooner we can begin protecting your claim and preparing for the insurance company’s arguments.

Contact Duckworth Injury Law today to discuss your Missouri car accident case.