When you hire a personal injury attorney in California, you may be asked questions that feel personal or even uncomfortable. However, being honest with your lawyer is critical to building a strong case and securing the compensation you deserve. Your attorney can only protect your rights and anticipate the opposing party’s strategies if they know the full picture.
At Hillstone Law, we value trust and transparency with our clients. Here are six key things you should always share with your personal injury attorney.
1. Previous Illnesses or Injuries
The defense will review your medical history in detail. That’s why it’s important to tell your lawyer about:
- Chronic conditions or previous injuries
- Mental health concerns, especially if you are making an emotional distress claim
- Substance abuse issues, past or present
This information allows your attorney to prepare for challenges and prevent the opposing party from using your medical history to weaken your case.
2. Bankruptcy Status
If you are in the process of filing for bankruptcy—or plan to—your attorney must know. In California, some personal injury damages may be considered assets in a bankruptcy proceeding. Without disclosure, you risk losing part of your settlement to creditors. Your personal injury attorney can coordinate with your bankruptcy lawyer to protect as much of your recovery as possible.
3. Criminal Record
Having a prior misdemeanor or felony does not prevent you from pursuing a personal injury case, but you need to disclose it. Opposing counsel will likely bring it up to question your credibility. By knowing your history, your attorney can prepare you for cross-examination and minimize its impact in court.
4. Separation or Divorce
If you’re going through a divorce, let your attorney know. Divorce proceedings may affect your settlement, especially if:
- Your spouse could be deposed and might not be supportive
- Your injury contributed to the breakdown of your marriage (such as loss of income or changes in behavior)
- Your settlement could be subject to division under California’s community property laws
Being upfront ensures your attorney can address these issues strategically.
5. Off-the-Books Employment
If you earn income “off the books,” your attorney needs to know. Recovering lost wages can be difficult without proper documentation, but your lawyer can advise on how best to prove your earnings. Keeping this information secret may reduce the compensation you’re entitled to.
6. Health Insurance, Medicaid, or Medicare Coverage
If your medical bills were covered by Medicare, Medicaid, or private insurance, it’s essential to disclose this right away. Insurance companies often place liens on settlements to recover what they’ve paid. Your attorney can negotiate these liens, but failing to disclose coverage can delay or jeopardize your claim.
Why Full Honesty Matters
Even if some details feel too personal, remember that your attorney is bound by confidentiality. Everything you share helps build the strongest case possible. At Hillstone Law, our priority is to protect your rights, anticipate the defense’s tactics, and maximize the compensation you deserve.
