Have you recently spoken with a personal injury lawyer, or are you preparing to? If so, it’s easy to feel unsure about what you should or shouldn’t say. You might be tempted to say “I’m sorry,” admit fault just to be polite, or downplay your injuries because they don’t seem “serious enough.” But these small comments can have a big impact on your case.
When speaking with an injury lawyer, avoid making statements that admit fault, minimize your injuries, speculate about what happened, or overshare your case details with others. Your lawyer’s job is to build a strong case with facts, not guesses, so the more accurate and complete your information is, the better they can help you.
Avoid Admitting Fault or Apologizing
Saying “I’m sorry” after an accident might feel like the right thing to do, especially if emotions are running high. But in personal injury cases, even small apologies can be misunderstood as accepting fault. This can make it harder for your lawyer to protect your legal rights.
Under California’s comparative negligence law, if you're found even partly responsible for the accident, your compensation can be reduced. A simple statement made out of politeness might later be used by insurance companies to assign you more blame than you deserve.
You don’t have to prove anything on your own. Your personal injury lawyer is there to look at the facts, gather evidence, and help determine where the real liability lies.
The best thing to do is stick to the details of what happened and let your lawyer handle conversations around fault and liability with the insurance companies.
Don’t Downplay Your Injuries
After an accident, it’s common for people to brush off their symptoms or say they’re “fine.” You may not want to seem dramatic, or maybe you just want to move on quickly. But downplaying your injuries can make your personal injury case harder to prove later on.
Accident victims who skip medical care or delay treatment may find it harder to connect their injuries to the incident. Insurance companies often rely on gaps in medical records to argue that your injuries aren’t serious or weren’t caused by the accident.
Even if the pain seems manageable at first, it’s important to get checked out and document your condition early. Medical records are a big part of building a strong case.
Being honest about what you're feeling helps both your recovery and your legal team. Let the professionals assess your injuries thoroughly.
Never Exaggerate or Lie About Your Condition
Being honest with your personal injury lawyer isn’t just smart, it’s essential. If the facts don’t match up with medical records or witness accounts, it can raise questions about your entire case.
Exaggerating accident injuries might seem like a way to strengthen a claim, but it often does the opposite. It can damage your credibility and limit your chances of getting full financial compensation.
The legal process relies on trust. If the insurance company or a jury doubts any part of your story, they may discount everything you say, even if the rest of your claim is valid.
Your lawyer can work with the truth, no matter how complicated. They’re there to help present your personal injury claim accurately and effectively.
Don’t Speculate or Guess About the Accident
After an accident, you might feel pressure to explain what happened even if you're unsure. But guessing about details like speed, timing, or who caused what can create problems for your case.
Every personal injury case depends on consistent, reliable facts. If your version of events changes, it can weaken your statements and give insurance adjusters room to question your credibility.
Accident reconstruction is a technical process. Let the experts handle the analysis and avoid making statements that could later be picked apart or misinterpreted.
It’s okay to say “I don’t know” when you’re unsure. Your lawyer would rather work with accurate, limited information than try to fix inconsistent or speculative statements later.
Don’t Withhold Details From Your Lawyer
When you're building a personal injury case, your lawyer depends on having the full story. Leaving out information like old injuries or skipped medical appointments, can slow things down or create gaps in your case.
Even if you think something might not matter, it’s worth mentioning. Pre-existing injuries, medical history, and missed visits are often used by insurance companies to argue against your claim. Being upfront from the start helps your attorney get ahead of those arguments.
- Pre-existing conditions
- Prior accidents
- Missed medical visits or gaps in care
This information stays between you and your attorney. A confidential conversation is where you can be completely honest so your legal team can handle your case with all the facts. Full transparency protects you in the long run and avoids surprises during the legal process.
Avoid Oversharing With Others or on Social Media
After an accident, it's natural to want to share what happened, especially on social media. But once a personal injury claim is in motion, even a small post or comment can work against you.
Opposing counsel and insurance companies may look at your online activity to challenge your injury or timeline. What you post or say to friends and family can be taken out of context and used to question your case.
- Posts, photos, or check-ins can raise red flags
- Comments to friends or family may be repeated in court
- Insurance teams actively monitor public activity
Keeping your case private protects its strength. Save the updates and stories for after your case is resolved, and keep the focus on your recovery and communication with your lawyer.
Don’t Talk to Insurance Adjusters Without Your Lawyer
Insurance adjusters often reach out early in a claim, asking for a recorded statement or details about the accident. While they may seem polite, they’re trained to gather information that benefits their company, not you.
Without legal guidance, it’s easy to say something under pressure that doesn’t reflect the full picture. These conversations often happen before you’ve even seen your full medical records or finished treatment.
- Risk of saying something inaccurate or incomplete
- Adjusters are trained to minimize payouts
- All communication should go through your attorney
Letting your lawyer speak directly with insurance representatives helps keep your case on solid ground. It ensures everything is documented properly and that you’re not left dealing with uncooperative insurance companies alone.
Don’t Accept a Settlement Without Legal Advice
When you're dealing with medical bills or time off work, a quick settlement offer can be tempting. But these first offers are usually lower than what your case is actually worth. Insurance companies count on you not knowing the full value of your claim.
Accepting a settlement without legal consultation can mean giving up the right to pursue additional compensation later. Once you sign, you likely can’t reopen your case even if more serious injuries appear.
- Quick settlements are often designed to minimize payouts
- Legal strategy can reveal hidden costs and future damages
- A personal injury lawyer helps protect your long-term needs
Before accepting anything, it’s smart to sit down with someone who can explain what’s fair and what’s not. With legal advice, you’ll know whether the offer truly covers your losses.
Always Communicate Promptly and Honestly
In any attorney-client relationship, good communication is key. Delays in sharing updates or responding to your lawyer’s requests can slow down the legal process or hurt your chances of success.
Staying honest, especially about your medical history, current condition, or anything that may affect your case is part of your legal obligation. Your lawyer can only prepare for what they know about.
- Missed updates can result in missed deadlines
- Gaps in information may cause avoidable setbacks
- Full transparency builds trust and strengthens your case
Open and prompt communication helps your legal team protect you, avoid surprises, and present your claim with integrity.
Legal Questions We Hear Most Often
Even when working with a lawyer, many clients still have questions. These quick answers cover some of the most common concerns injury victims face during a case.
What happens if I lie to my injury lawyer?
Your lawyer may not be able to defend your claim, especially if the lie involves your medical records or how the accident happened. In serious cases, it could lead to your case being dropped or allegations of fraud.
Can social media ruin a personal injury case?
Yes. Photos, posts, or comments that seem to contradict your injury claims can be used by insurance companies or opposing attorneys to question your credibility.
What should I tell my lawyer after an accident?
Everything. Be open about the facts of the accident, any injuries, past or present and any communication you've had with insurance companies. The more your lawyer knows, the better they can help you.
Take the Right Steps With Your Lawyer
The words you use and the details you share can make a real difference in your injury case. Communicating clearly and honestly helps your attorney build the strongest claim possible.
At Law Offices of Adrianos Facchetti, Accident & Injury Lawyers, we’re here to guide you through every step of the legal process. From reviewing documentation to speaking on your behalf, we’ll make sure your case gets the attention it deserves.
If you’ve been injured and are unsure what to do next, reach out to schedule a free consultation. Let’s talk about your case and how we can help protect your rights and your future.
