Skip to content
Your first consultation with a Jackson personal injury lawyer can set the tone for the whole case. What you say during this discussion matters more than you might realize. Some things you say can make your personal injury claim seem less important or offer insurance companies a justification to deny payment altogether. Knowing what not to say and why can help your personal injury lawyer understand how the accident affected your life.
The personal injury lawyers at Giddens Law Firm have compiled a list of six things you shouldn’t say to your lawyer during your consultation, along with advice on how to handle these circumstances better. If you need a lawyer after an accident in Jackson, we’re here to help. Contact our Jackson personal injury lawyer today for a free consultation.
1. “It Was Partially My Fault.”
It can really hurt your case to admit fault early on. Yes, it is necessary to be honest, but figuring out who is responsible is a complicated legal issue that needs a thorough investigation from your lawyer.
In Mississippi, the law of pure comparative negligence applies. This means that even if you were partly to blame, you can still recover compensation for your injuries. However, the amount you get will be less because of how much you were to blame. If you’re deemed 30% at fault, you’ll receive 70% of your entire losses.
Even if you think you are responsible for the accident, remember that you might not have all the facts. There may have been other things that caused the accident that you didn’t know about at the time. For example, it’s possible that the other driver was distracted, that a property owner knew about a dangerous situation, or that your company didn’t keep up with safety rules.
Before discovering who is at fault, your injury lawyer will need to look at all the evidence of the accident, including witness testimony, security footage, and other evidence. Instead of claiming fault, give your lawyer all the facts of the case and let the evidence decide who is at fault.
2. “My Injuries Aren’t That Bad.”
One of the most common mistakes that reduces settlement values is underestimating injuries. Insurance companies are always on the lookout for signs that your injuries aren’t as severe, and they’ll use remarks like this to support their lower settlement offers.
Many injuries don’t show signs right away. It can take days for whiplash symptoms to appear. Initially, signs of traumatic brain injury may not be obvious. Damage to soft tissue typically worsens over time. What seems easy to deal with today could turn into long-term suffering that could cost hundreds of thousands of dollars in medical bills.
Medical records will help your personal injury case, but saying different things about your condition makes your case more complicated. If you tell your lawyer that your injuries aren’t that bad, but then later claim they are, it will make you look less trustworthy.
It’s best to give your lawyer a complete and accurate description of your symptoms. Even if you don’t think it’s severe at the moment, it’s best to describe any issues you are having following the accident. This includes your mental health as well. If you can’t sleep, focus, or do everyday tasks, let your attorney know. To give you an appropriate valuation for your case, your lawyer needs to know everything.
3. “I’ve Already Given a Statement to the Insurance Company.”
A common mistake many accident victims make is speaking with insurance adjusters before consulting an injury lawyer. If this has already occurred, please notify your lawyer immediately so they can investigate for any potential harm.
Insurance adjusters are taught how to ask questions that elicit responses beneficial to their organization. They may act nice and helpful during your conversation, but their primary purpose is to keep their company’s costs down. Recorded statements are especially harmful for your case since they can be used against you later, usually out of context.
Even a couple of words that seem innocent might be used against you. If you told someone on the phone while you were taking pain medicine that you were “feeling okay,” that may be used as evidence that your injuries weren’t that bad.
The best course of action is to politely refuse to provide a statement until you’ve consulted with a lawyer. You don’t have to go to the opposing party’s insurance company before receiving legal assistance in Mississippi. Your particular insurance company may have different rules for your coverage, but your lawyer can help you talk to them about those rules.
4. “I Didn’t Go to the Doctor Right Away.”
There won’t be a serious problem if there are gaps in medical care. However, waiting to seek medical help after the accident can worsen your case.
When treatment is delayed, insurance companies may use this fact to argue that the injuries weren’t serious or caused by the accident. They’ll say that if you were really hurt, you would have gone to the ER right away. This argument can significantly reduce the value of a settlement.
There are valid reasons for people to delay seeking treatment. Some people don’t recognize how badly they are hurt right away. Some people cannot afford medical care or lack health insurance. Some people are worried about missing work. But your health should be your priority after an accident.
If you didn’t get medical help right away, tell your personal injury lawyer why. They can help you write down your reasoning and work with doctors who can explain why some injuries take longer to show symptoms. The most important thing is to address this problem directly, rather than trying to ignore it.
Once you do see the doctor, you will need to follow their treatment to the letter. Go to all your appointments and keep a record of everything related to your injuries and treatment.
5. “I Posted About the Accident on My Social Media.”
A lot of personal injury claims have been ruined by posts on social media. Insurance firms regularly check the social media accounts of people who file injury claims to see whether they post anything that goes against what they say.
Someone might use a picture of you smiling at a family event to say you’re not in agony. A visit to the gym could be used as proof that your injuries aren’t keeping you from doing things. A statement about going back to work could hurt claims concerning lost income.
Sometimes, social media posts don’t give enough context. You may have made yourself go to an important event even though you were in pain, but the pictures will simply show you there. You might have gone to the gym only to walk on a treadmill as part of physical therapy, but the insurance company will argue you’re fully recovered.
Tell your lawyer right away if you’ve previously written about your accident or injuries. They might tell you to change your privacy settings or perhaps turn off your accounts for a short time. Don’t delete posts because that could be seen as removing evidence. Instead, cease adding new stuff that could be misread.
The best thing to do is to stay off social media until your case is over.
6. “I Just Want This Over Quickly.”
If you rush to settle, you almost always leave money on the table. Insurance firms know that people who are nervous about their claims are more likely to accept lowball offers, so they will use time pressure to their advantage.
Personal injury claims in Jackson can take a long time to settle, sometimes even years, depending on how complicated they are. It takes time for medical treatment to reach “maximum medical improvement,” which is when your illness has stabilized and doctors can reliably forecast how it will affect you in the long run.
It’s not safe to settle before you know how bad your injuries are. What if you have to have surgery next year? What if you get chronic pain that needs therapy all the time? You usually can’t get extra money after you sign a release and accept a settlement, even if your health gets worse.
It’s true that money problems are real, especially when you’re not working because of ailments. Talk to your lawyer about these issues. There may be ways to aid with your immediate costs while your case moves toward a fair settlement.
Being patient frequently leads to far greater pay. You can trust your lawyer to know when it’s time to settle and when it’s worth going to court.
What You SHOULD Tell Your Injury Lawyer
Now that we’ve spoken about what not to do, here’s what you need to say clearly:
- Be absolutely honest about everything. Your lawyer has to know the truth to do a good job for you. You don’t need to hide anything from your lawyer since the attorney-client privilege protects anything you say to them.
- Share all medical care and costs. Give records of every doctor appointment, trip to the emergency room, prescription, and therapy session that had to do with your injuries. Include bills, receipts, and insurance company explanations of benefits.
- Tell the truth about past injuries, medical issues, and claims. As we discussed earlier, this information will eventually be released. Let your lawyer deal with it in a smart way instead of a defensive way.
- If you don’t understand something, ask questions. The legal process might be complicated to follow. Lawyers who care about their clients want them to understand what’s happening and why. If you’re unsure how something works or have a question about paperwork or a suggestion, don’t hesitate to ask.
- Do what your lawyer says. Don’t post on social media if your lawyer advises against it. Attend all of your medical appointments as instructed. If they tell you not to take an early settlement offer, trust them. There was a reason you engaged a professional.
Our Jackson Personal Injury Lawyer Is Here to Help
You and your injury lawyer should be able to communicate with each other openly and honestly. Your attorney-client privilege protects whatever you tell your lawyer. This means that everything you discuss is confidential, even if you don’t hire the injury lawyer.
Your lawyer is there to help you, not to hurt you. They are on your side and want the best for your case. The more honest and thorough you are with them, the better they can protect your interests.
The mistakes listed above usually happen when you talk to insurance adjusters, post on social media, or casually talk to friends and family, not when you talk to your own lawyer. Save the careful comments for those times. Be open, honest, and comprehensive with your counsel.
Don’t let these typical communication blunders hurt your claim if you’ve been hurt in Jackson or anywhere else in Mississippi. Talk to a personal injury lawyer at Giddens Law Firm today. We can assist you throughout the process and protect your rights.