Why Should I Not Discuss a Car Accident Case with Anyone but My Lawyer?
A car accident can be very traumatic. Victims may have a lot of mental and emotional issues to handle during their car accident case. One thing that can be challenging is the fact that victims will often want to discuss their case, but this can cause problems. The case may be stressful, and it may seem helpful to talk about it to others; however, this can end up negatively impacting the case.
Reasons Why You Should Discuss the Case Only with Your Lawyer
Here are the reasons it is important to discuss the case only with the lawyer working it.
It can be used to discredit the victim’s physical injuries. If a lawsuit is based in part or entirely on physical injuries, the opposing side will do what they can to discredit the injuries or make it sound like the victim’s claims are exaggerated. It is very important to not only avoid discussing the case itself but also avoid making any statements or social media posts that could hurt the case by countering claims of physical injury. Things that a victim might think are harmless could be twisted to make it look like they were not really injured. It helps to think of it like calling in sick to work and then being seen out and about. The employee could be on the way to the pharmacy for medication, but the boss might question why they are not at home sick. Social media posts can be damaging in the same way. Someone could make an argument that if the victim were really hurt, they would not be posting the things they are posting or looking happy on social media. It is best to keep all public communication to a minimum during a car accident case.
It can discredit claims of emotional distress. Psychologists and other mental health professionals tend to agree that car accidents can put the victim under extreme mental and emotional distress. In some cases, these accidents can even result in serious prolonged issues such as post-traumatic stress disorder (PTSD). Depending on the specifics of the claim filed, a car accident case can lead to a victim receiving compensation for emotional stress arising from the accident. The problem is that just as over-communication and social media posts can damage a case based on physical injury, the same thing can happen when seeking compensation for mental and emotional damages. If the opposing lawyers can make a good case that the victim’s latest activities or social media posts show someone who is not in distress, it can severely weaken the case.
It could be a breach of confidentiality. Car accident settlements can be a delicate matter. Many of the specifics and exact details of a case may be confidential. The information shared between a lawyer and a client is supposed to be protected under confidentiality. However, if the client decides to talk about the case with other people, the information is no longer confidential and no longer protected because it is now considered public knowledge. Additionally, this sort of slip can be harmful to whatever progress has been made in reaching a settlement.
For example, if the accident involved a high-profile person who wants to keep their name out of the headlines, they may well be looking to settle as quickly and quietly as possible. In this scenario, talking too much about the case could change matters very quickly. If the injured party starts telling their friends about the high-profile person and the pending settlement, information getting out could remove their incentive to settle quickly. Once the circumstances of the case become public knowledge, the other party may be ready for a longer fight and the victim lost the opportunity for a bigger settlement by talking too much.
It can provide evidence of bad faith. One of the biggest mistakes a person can make during a case is to let frustration and emotion cause them to say things they should not. It can be difficult to deal with insurance companies and the opposing side. There may be particularly hard feelings regarding the person who caused the accident. However, making statements against the insurance adjuster or going online to attack the other party can show bad faith and severely damage the image of the person filing the claim. This can even discredit the claim itself.
Things to Avoid Saying when Dealing with Insurance Companies
Although a car accident case should not be discussed outside of conversations with the lawyer, it is necessary to deal with insurance companies after an accident. Using the wrong terminology can quickly damage a case. It is important to avoid the following:
- Accepting blame
- Denying injury
- Speculating
- Stating a lack of legal representation upfront
- Accepting a settlement before getting legal representation
- Apologizing
- Making so-called official statements
It should also be noted that most of the above applies to any interview given after the accident such as with the police. It is important to be honest; however, statements on a police report can come back to hurt a victim’s case later if they use the wrong words and phrases.
Highland Park Car Accident Lawyers at the Law Offices of Harold J. Gerr Help Car Accident Victims Get Justice
Car accidents can happen for many reasons and can leave behind a variety of damage and injury. If you were recently injured in a car accident, the Highland Park car accident lawyers at the Law Offices of Harold J. Gerr can help you get the compensation you need and deserve. Damages from car accidents may include medical bills, lost wages, and damage to your vehicle. Our legal team is dedicated to protecting the rights of our clients and ensuring the best outcome to your case. Call us today at 877-249-4600 or 732-537-8570 or contact us online for a free consultation. Located in Highland Park, New Jersey, we serve clients in New Brunswick, Somerset, Piscataway, Edison, South River, Sayreville, Metuchen, East Brunswick, South Plainfield, Fords, Middlesex, Old Bridge, Iselin, Bound Brook, Perth Amboy, Colonia, Elizabeth, and Newark.
