Understanding Attorney-Client Privilege in Personal Injury Claims

On a night like any other, you are driving home. But, right before you are able to reach your neighborhood, a car rear-ends you.

You break one of your ribs as a result of this accident. And, on top of the injury, you are forced to take some time off from your job, making it harder for you to take care of your bills.

Even though you want to obtain compensation, you aren’t too sure if you should share one major fact: You were speeding when you were rear-ended.

If you share this fact, will your attorney be forced to share it? Will everything you discuss with your injury attorney be confidential?

By understanding attorney-client privilege in personal injury claims, you can get a good idea of the answers to those questions. And, if you need an attorney, call the Rosengard Law Group at 856-284-6446 or Contact Us Online.

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal privilege that protects confidential communications between an attorney and their client, if those communications relate to their client’s need for legal advice/legal services.

Being aware of the scopes and limitations of attorney-client privilege and, in turn, how it applies to personal injury claims, may make it easier for you to obtain the compensation you desire.

The Scopes and Limitations of Attorney-Client Privilege

The attorney-client privilege applies to the following situations:

1. A client or potential client speaks with an attorney in order to obtain legal advice.
2. The attorney is acting in a professional capacity by representing that particular client.
3. A client chose to make their communications private and took action to do so.

Here are some examples of those scenarios:

1. You are speaking with an attorney in order to obtain legal advice regarding your workplace injury. And, even though you haven’t hired them yet, this conversation is protected.
2. You are speaking with the attorney you hired to represent you. Since this attorney is representing you, the conversations between the two of you are protected.
3. You are speaking with an attorney through email and have marked your emails as “PRIVILEGED AND CONFIDENTIAL” This lets your attorney know that these are privileged emails.

The situations in which attorney-client privilege does not apply are as follows:

1. You are discussing things that are not related to your legal representation/legal advice.
2. You are discussing things in a public place or in a non-private context.
3. You are discussing things that you intend to use for the commission of a crime

Regarding the latter, if you are discussing a crime that has already been committed, then this is, in most cases, protected by attorney-client privilege. 

On the other hand, if you are discussing a crime that has yet to be committed, in order to plan this crime or to assist in its commission, then this is not protected by attorney-client privilege.

Outside of the above, if you are seeking legal advice from an attorney, then it is wise to stick to legal advice. This means avoiding other topics that might relate to your case, but are not related to the legal aspects of said case.

One example of the above is as follows: You contact an attorney and ask her for legal advice regarding an injury you suffered at work. And, within the email you send, you ask for non-legal advice about filling out a series of tax forms.

You are asking for legal advice about your workplace injury. That information is protected since you are seeking legal advice for a specific legal consideration. But the question about taxes may not be since you are not seeking legal advice.

If you correspond with an attorney, stick to legal advice. Doing so allows you to protect your communications with said attorney.

Attorney-Client Privilege in a Personal Injury Case

Attorney-client privilege in a personal injury case allows you to share any information regarding your personal injury case with your attorney. And, in sharing this information, you can rest assured that it will remain private.

For example, if you were inn a car accident and suspect that you may have been partially responsible for the accident, you can share this with your attorney.

Even though that information may hurt your case, your attorney will not — and, furthermore, cannot — share it with anyone else. This protects your case and makes it easier for you to obtain the compensation you seek.

You can, and should, share information that weakens your case. By doing so, your attorney can anticipate any challenges and, with these challenges in mind, craft a strategy that helps you obtain the compensation you want.

Attorney-Client Privilege and More with Rosengard Law Group

Rosengard Law Group holds the rules about attorney-client privilege in personal injury claims as sacred. That means we will never violate your trust if you retain us as your personal injury lawyers.

We’re ready to help you recover full compensation for your injury. We want you to feel comfortable telling us everything about your case so we can build you the best case we possibly can.

Ready to start? Schedule a free consultation with us today. Call Rosengard Law Group at 856-284-6446 or contact us online.