Nothing should be held back. What you tell your lawyer for legal advice is confidential and privileged under Texas Rule of Evidence 503, and the facts you leave out, like prior injuries or earlier claims, are the ones the insurer will find and use.
The real risk is the opposite of oversharing. Insurers and defense lawyers search medical records, prior claims databases, court records, and social media. A prior back injury, an earlier crash, a missed appointment, or a post showing you at the gym will surface. If your lawyer learns about it first, it can be addressed; if the defense reveals it, it damages your credibility.
Texas protects these conversations. Under Texas Rule of Evidence 503, a client may refuse to disclose, and prevent others from disclosing, confidential communications made to get legal services from a lawyer. That protection is what makes complete candor safe.
Tell your lawyer about prior injuries and treatment to the same body parts, earlier accidents and claims, whether you were on your phone, whether you had been drinking, your seat belt use, any statements you already gave to an insurer, and anything you posted online. Each of these can be handled, often by showing how the crash made a prior condition worse, but only if it is known.
What you should avoid is exaggeration. Do not overstate symptoms or limits to your lawyer or your doctors. Consistent, accurate descriptions are what make a claim credible; an exaggeration contradicted by a record or a video can sink an otherwise strong case.
The same applies to everyone you talk to about the crash: be accurate, be consistent, and keep the details for your lawyer. Owsley Law Firm keeps client communications confidential and charges no fee unless it wins.
What to do, step by step
- List prior injuries and treatment to the same body parts.
- List earlier accidents and claims, with dates.
- Gather every statement or message you sent an insurer.
- Tell your lawyer what you have posted about the crash online.
Privilege can be lost by sharing. Forwarding your lawyer's advice to friends or posting about conversations with your lawyer can expose them, so keep legal discussions between you and the firm.
Your doctors are a separate audience. Be accurate with them as well, because medical records become evidence, and inconsistencies between what you tell different providers are used against the claim.
Mistakes that cost people money
- Hiding a prior injury the defense will find in old records.
- Exaggerating pain or limits.
- Discussing the case on social media or in group chats.
Related questions
Is everything I tell my lawyer confidential?
Confidential communications made to get legal advice are privileged under Texas Rule of Evidence 503, with limited exceptions.
Should I mention a prior back injury?
Yes. An aggravated preexisting condition is still compensable, and your lawyer needs to know about it.
What if I was partly at fault?
Tell your lawyer. Texas allows recovery when your share of fault is 50 percent or less.
Read next
