You may have heard that you should not trust insurance companies when you are pursuing compensation for a personal injury. Insurers often deny or unfairly devalue claims because they are trying to pay out the least possible amount of compensation.
However, your personal injury attorney is focused on recovering maximum compensation for your injuries and damages. Your conversations with your attorney are also confidential, which is why it is so important to be honest and upfront about your situation. That will help your lawyer determine your legal options and how best to assist you in obtaining compensation.
What to Tell Your Attorney
Your discussions with your attorney are completely confidential, so the things you tell your attorney are not going to be used against you. Being upfront and honest with your attorney is also important because your lawyer needs to validate your claim and determine if someone else may be liable for your damages.
Your lawyer will ask you about what happened, and you should provide as many details as possible, which may include:
- What you remember about the incident and your injuries
- Symptoms you are experiencing
- When and where the accident happened
- What your doctor told you about your injuries
- Who else was involved in the accident?
Generally, your lawyer will need to prove the four elements of negligence were present in your claim. Negligence is a complex legal theory that can be difficult to prove. The more information you provide, the easier it will be for your attorney to decide if you may have a valid claim.
Do not exaggerate the severity of your injuries to your attorney. Your exaggerations will eventually be revealed, and this could damage your credibility, making your attorney’s job more difficult. Your attorney is already focused on recovering maximum compensation for your injuries. There is no need to exaggerate.
Partial Fault
It is extremely important to be honest about your role in causing the accident. You can still recover compensation if you were partially at fault, and this information will be discovered as the insurance company investigates. Failing to inform your attorney could make it much more difficult to obtain full compensation for your damages.
Texas follows a modified comparative fault system that allows you to recover compensation, provided your percentage of fault does not cross a certain threshold. You can discuss this in more detail with one of the licensed attorneys at Anderson Cummings.
Preexisting Conditions
It is extremely important to inform your attorney about any preexisting injuries you have. You can still pursue compensation for any new injuries suffered in the accident, along with the aggravation of your preexisting injury.
You should inform your attorney right away so he or she can determine how your preexisting condition may affect your claim. He or she can also help to protect your claim from the insurance company, which will likely try to use your preexisting condition against you. Insurers often say accident victims are not injured – they are just receiving treatment for their preexisting condition. This is often used as a reason to deny a claim.
If you wait to inform your attorney, you could damage your claim. The insurance company and the attorneys representing the at-fault party or parties will eventually discover your preexisting condition. If you try to hide a preexisting condition, you could make the legal process much more difficult for your attorney, as he or she will be unprepared for handling this issue.
Call an Experienced Attorney at Anderson Cummings for a Free Consultation
Our Fort Worth personal injury attorneys know you may have many questions after suffering a personal injury. That is why we provide free consultations to injury victims, with no obligation to take legal action if you have a valid claim.
We are here to answer your questions and explain how we may be able to assist you during this chaotic time in your life.
Our attorneys have more than 50 years of combined experience and have obtained more than $100 million in compensation on behalf of our clients.
Reach us by phone at (817) 920-9000. No upfront fees or costs.