What Not to Say to a Personal Injury Lawyer

When you’ve been injured in an accident, speaking with a personal injury lawyer is one of the most important steps you can take toward protecting your rights and pursuing compensation. However, what you say, and what you don’t say, can significantly impact your case. Many accident victims make the mistake of withholding information, downplaying their injuries, or making statements that may harm their credibility.

At John J. Malm & Associates, we’ve represented countless clients in Chicago and across Illinois who have been injured due to someone else’s negligence. Our experienced attorneys understand that communication is the foundation of a strong attorney-client relationship. The more transparent you are with your lawyer, the more effectively we can build your case, protect your interests, and secure the compensation you deserve.

“Your honesty is the most powerful tool we have in building your case. The more we know, the better we can protect your rights and fight for the compensation you deserve.” — John J. Malm, Chicago Personal Injury Attorney

Why Your Words Matter in a Personal Injury Case

Every detail matters in a personal injury case, from how the accident happened to the medical care you’ve received. What you tell your lawyer helps them evaluate the strength of your claim, gather the right evidence, and anticipate how the insurance company might respond.

Insurance companies are trained to look for inconsistencies or statements they can use to minimize your claim. Even innocent comments can be twisted against you. That’s why it’s crucial to be careful about what you say, not just to the insurance adjuster, but even during early conversations with your own attorney.

Common Mistakes Clients Make When Speaking to Their Personal Injury Lawyer

While most clients never intend to harm their cases, certain statements or omissions can make it difficult for your lawyer to do their job effectively. Here are some things you should avoid saying when meeting with a personal injury lawyer.

1. “It Was Partly My Fault.”

Many people apologize instinctively or accept partial blame after an accident, even when they didn’t do anything wrong. But in Illinois, fault is determined by evidence, not feelings. Illinois follows a modified comparative negligence law (735 ILCS 5/2-1116), which means you can still recover damages if you were less than 50% at fault, but your compensation is reduced by your percentage of fault.

Even if you think you may have contributed to the accident, it’s important to let your attorney investigate before admitting fault. Your lawyer can review police reports, witness statements, and expert evidence to accurately determine liability.

2. “I Don’t Think My Injuries Are That Serious.”

It’s common for accident victims to underestimate their injuries right after a crash. Adrenaline can mask pain, and some injuries, such as concussions, whiplash, or internal bleeding, may not appear until hours or days later.

Saying that you “feel fine” or “don’t think it’s serious” can undermine your claim later if you discover your injuries are more severe. Always seek prompt medical evaluation after an accident and follow all treatment recommendations. Documenting your injuries through medical records is one of the strongest forms of evidence in a personal injury case.

3. “I Already Talked to the Insurance Company.”

If you’ve already given a recorded statement to the insurance company, you might have said something that could harm your claim. Insurance adjusters often use leading questions designed to elicit statements they can use against you.

Before speaking with any insurance representative, including your own, it’s best to consult your lawyer first. Your attorney can communicate with insurers on your behalf to prevent mistakes and ensure your statements are accurate and properly documented.

4. “I Don’t Want to Involve the Police or Go to the Doctor.”

Refusing to involve the authorities or declining medical treatment can make your claim much more difficult to prove. A police report provides crucial evidence about how the accident occurred and who was involved. Similarly, medical records establish a direct connection between your injuries and the incident.

If you don’t call the police or delay seeing a doctor, the insurance company may argue that your injuries weren’t caused by the accident or weren’t serious enough to warrant compensation.

5. “I’ll Just Handle This on My Own.”

Personal injury law is complex, and insurance companies have teams of professionals trained to minimize payouts. Trying to handle your case without legal representation can result in costly mistakes, especially when it comes to deadlines, documentation, and negotiation.

Having an experienced Chicago personal injury attorney ensures that your case is properly investigated, your rights are protected, and you have a skilled advocate negotiating on your behalf.

6. “I Didn’t Mention This Earlier Because I Forgot (or Didn’t Think It Mattered).”

Full transparency is essential. Leaving out details, even unintentionally, can harm your credibility and weaken your case. Your attorney needs to know everything, including:

• Previous injuries or medical conditions
• Prior accidents or claims
• Any inconsistencies in witness statements
• Whether you’ve posted about the incident on social media

By being honest from the start, your lawyer can anticipate potential challenges and address them before they become issues in court or settlement negotiations.

What You Should Say Instead

When communicating with your personal injury lawyer, honesty and clarity are key. You should:

• Share all details about the accident, even those that seem minor.
• Disclose all injuries and symptoms, including those that developed later.
• Provide documentation, such as medical bills, accident reports, and photos.
• Ask questions if you don’t understand something.
• Follow your attorney’s advice and updates throughout the case.

Remember, everything you say to your attorney is confidential under the attorney-client privilege. Your lawyer is on your side and can only protect you if they know the full story.

The Role of Trust in Building a Strong Case

The attorney-client relationship is built on trust. Your lawyer’s job is to advocate for you, but they can only do that effectively if they have all the facts. Concealing information or making misleading statements can lead to unexpected surprises that weaken your case in court or during negotiations.

At John J. Malm & Associates, we pride ourselves on maintaining open, honest communication with every client. We understand that talking about your injuries and the accident can be stressful, but we are here to guide you through the process with compassion and experience.

Frequently Asked Questions about Personal Injury Cases

1. Should I tell my lawyer about pre-existing injuries?

Yes. It’s essential to disclose any pre-existing injuries or conditions. Insurance companies often try to argue that your injuries existed before the accident. If your lawyer knows about them, they can gather medical evidence to prove how the accident made those injuries worse.

2. What if I said something to the insurance company before hiring a lawyer?

Tell your attorney right away. Your lawyer can review any recorded statements and work to clarify or correct any misleading information that might harm your claim.

3. Can I still get compensation if I was partially at fault for the accident?

In Illinois, you can still recover damages if you were less than 50% at fault, but your compensation will be reduced by your percentage of fault.

4. Should I post about my accident on social media?

No. Avoid posting anything about your accident, injuries, or recovery. Insurance companies often monitor social media and can use your posts as evidence to dispute your claim.

5. What if I remember new details after speaking with my lawyer?

Inform your lawyer as soon as possible. New details can help strengthen your case, and your attorney can update your file and adjust your strategy accordingly.

The Bottom Line: Honesty Builds Strong Cases

Your personal injury lawyer’s primary goal is to protect your rights and help you recover the compensation you deserve. Saying the wrong thing, or failing to say enough, can make that job harder. Always be open, transparent, and proactive in your communication.

At John J. Malm & Associates, we have years of experience representing injured clients across Illinois in car accident, trucking accident, slip and falls, and wrongful death cases. Our team is dedicated to providing compassionate, strategic legal representation to help our clients rebuild their lives after devastating injuries.

Contact the Experienced Chicago Personal Injury Attorneys at John J. Malm & Associates

If you’ve been injured in an accident, the decisions you make, and the words you use, can have a lasting impact on your case. At John J. Malm & Associates, we are here to guide you through every step, ensuring your voice is heard and your rights are protected. We believe that every injured person deserves skilled representation and a fair chance at justice.

Don’t try to navigate the aftermath of an accident alone. Contact John J. Malm & Associates today for a free, confidential consultation. We’ll listen to your story, explain your options, and fight to secure the maximum compensation you deserve.