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4 Expectations Your Personal Injury Lawyer Has of You

Feb 27, 2023

As pedestrian injuries and fatalities from car accidents continue to rise in Oregon, so do the compensation claims by victims. In particular, most car accident victims contact a personal injury lawyer immediately to set the stage for a claims case and increase the chances of fair compensation.


The success of a personal injury case significantly depends on a client's effort toward the entire process. Therefore, personal injury lawyers expect clients to handle specific issues during a case. This post highlights four things a personal injury lawyer expects from a client for a smooth legal process.


1. Keep Details of Your Case Private 


The urge to talk to a loved one or a close friend about litigation issues is an innocent human trait. Thus, most injured parties openly discuss details of their case with others despite the risk of divulging crucial information. Unfortunately, such indiscretion can cost you fair compensation if the defense team gets hold of pertinent data.


Notably, a personal injury lawyer will advise you to keep case details as private as possible to maintain the element of surprise in your favor. Besides your spouse and lawyer, nobody, including close family members and friends, should know your next move. Therefore, a lawyer expects you to exercise discretion so that they can focus on strategy rather than worry about surprises from a defense attorney.


2. Divulge Past Legal Issues


Most people dislike discussing their past legal problems for various reasons, including embarrassment. Therefore, it is common for clients to keep the information from their personal injury lawyers. However, non-disclosure could hurt their claims case. Thus, although previous cases might not affect your current personal injury case, a lawyer needs to know everything.


Therefore, expect a lawyer to ask about your past since the information will help them find a way to protect your credibility. For instance, previous accusations of attempts to solicit money from someone dishonestly can skew a jury's perception of your conduct. Familiarity with your past legal issues will help a personal injury lawyer to counter a potentially damaging narrative by the defense team.


3. Disclose Your Financial Situation


Plaintiffs in dire financial situations might prefer to withhold the information from their lawyers for fear of embarrassment. Unfortunately, the decision can significantly reduce the payout a complainant receives in compensation. A personal injury lawyer understands the correlation between bankruptcy and compensation claims and can mitigate the risk of losing a substantial chunk of the settlement.


When a court awards compensation, creditors are the first parties to receive payment. Therefore, you could lose a significant amount if you owe people a lot. However, if you divulge your financial situation in advance, your lawyer will engage creditors and a bankruptcy attorney to reach a sensible agreement. 


4. Disclose Prior Injuries


In personal injury claim cases, defendants — insurance companies — investigate the plaintiff's medical history for potential previous injuries. The efforts aim to find a link between a complainant's current and past injuries. If a defense lawyer can link the two, the argument can significantly harm your case. 


Therefore, a personal injury lawyer expects a candid discussion regarding your prior injuries since a defendant can use the information to discredit your claims. In particular, your lawyer will present past and present medical records to a medical expert to establish whether a relationship exists. The clarity puts your attorney in a strong position to develop an impenetrable strategy. 


The success of a personal injury claim case partly hinges on the effort you put into the process, but the attorney you choose also plays a major role. Contact us at Smith Morgan LLP for a candid discussion of how we can work together to increase your chances of fair compensation.

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