Working with Your Personal Injury Lawyer

Oregon Personal Injury Law Questions and Answers

Q: Do I need to tell my lawyer my medical history? 

A: Yes. Telling your lawyer about your current injuries and about injuries from the past is an essential part to your client-attorney relationship. In order to prepare a proper defense, your attorney needs to know the complete truth about your medical history. For instance, if you’ve come to an attorney after an Oregon car-collision, and your back hurts, your attorney needs to know every time that your back has hurt in the past. If you’re suffering emotional difficulties as a result of your accident, your lawyer needs to know every time that you’ve experienced depression in the past, including circumstantial depression (a family loss, divorce or job loss).

Your attorney also needs to know about any other accident that you may have been in. This is information that any insurance company can uncover with nation-wide databases. If your lawyer is unaware of a prior accident, and the insurance company is, they will make a low offer for your personal injury case, knowing your attorney is not ready for trial. Getting a low settlement is even more of a risk if your case goes to trial, because a jury will definitely be able to see that the complete story isn’t available to your lawyer, and they will penalize you by siding with the insurance company. It’s better to lay all your cards on the table, and be honest about your accident related injuries—your chances of winning your case increase dramatically.