3 Things You Should Share With Your Car Accident Lawyer
Few things are as intimidating as opening up your life (and your finances) to a stranger, but when it comes to filing a personal injury lawsuit, talking candidly with your car accident attorney is crucial for your settlement success. Here are three things you should always share with your auto accident lawyer and why it matters.
1. Your Marital Status
Your past relationships might seem inconsequential in regards to your personal injury lawsuit, but outstanding judgments could cause all kinds of problems when it comes time to settle. If you are in the middle of a divorce or you have already finalized a divorce but you were slapped with fines or judgments, your ex could be eligible to receive a piece of your settlement.
Take the time to talk with your personal injury lawyer about previous judgments or ongoing divorces. Your attorney might recommend waiting until the divorce is settled in order to avoid losing a portion of your settlement to your ex-spouse.
If you are tempted to file a personal injury lawsuit anyways regardless of your outstanding divorce or judgment, you should remember that your settlement will be considered an "asset," and that hiding assets is a dangerous game. In addition to subjecting yourself to potential jail time, judges might also choose to award your spouse your entire share of your settlement or impose serious fines.
2. Previous Personal Injuries
During a personal injury lawsuit, the most important thing the court will try to decide is who is at fault for your injuries. Unfortunately, if you have suffered previous injuries or you are currently in treatment for an ongoing medical problem, it might be very difficult to prove the direct "cause and effect" nature of your personal injury, which could jeopardize your settlement.
Talk with your attorney about your health and any previous personal injury lawsuits, and don't leave out any details. It might seem intimidating to discuss your personal health, but it could help your attorney to prove who is at fault for your current health problems.
Because the timeline of your personal injuries is important, make sure to document your injuries and recovery carefully. If possible, take pictures of your injuries every few days, and always keep any documentation given to you by medical professionals. It might seem like overkill, but having copay receipts and discharge instructions on hand could help you to prove the extent of your injuries and the timeline of your recovery. If you have this kind of paperwork on hand from previous injuries or illnesses, make sure to give it to your attorney so that he or she can prove to the court that the injuries are separate.
3. Bankruptcy Filings
When you are going through a bankruptcy, your trustees will be trying to determine how much money you owe and how to discharge this debt, which is why receiving a personal injury settlement can complicate things. For example, if you receive a settlement from a personal injury lawsuit before your bankruptcy is complete, the entirety of your settlement could go to your creditors—instead of into your pocket to help with your recovery.
For this reason, it is crucial to discuss bankruptcy filings with your lawyer. When you meet with your personal injury lawyer, give them all of the paperwork you received from your bankruptcy filing, and make sure not to leave out any communication from your creditors. In some instances, your personal injury lawyer might be able to work with your bankruptcy attorney to make sure that you still receive your settlement, or help to limit the amount you need to pay to your creditors.
By doing the smart thing and being open and honest with your lawyer, you can avoid hassles and streamline your personal injury lawsuit. Also, keep in mind that your attorney will handle all of your personal matters professionally and will do everything in their power to protect your privacy throughout your lawsuit. For more information and assistance, contact a professional attorney, such as those at Clearfield & Kofsky.
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