There’s nothing you should hide from your personal injury attorney. Your conversations with your lawyer are protected by attorney client privilege, and hidden facts like prior injuries, past claims, or social media posts hurt cases far more when the insurance company finds them first. The person you need to be careful with is the insurance adjuster.

People search this question because they’re worried something in their past will hurt their case. I understand that. But I spent more than a decade inside the insurance industry as a licensed Executive General Adjuster and claims counsel, and I also practiced as an insurance defense attorney. I can tell you the question is backwards.

The real risk isn’t what you tell your lawyer. It’s what you tell the insurance company, and what you keep from the one person who’s supposed to protect you.

1. Is what I tell my personal injury lawyer confidential?

Yes. Communications between you and your attorney for the purpose of getting legal advice are protected by attorney client privilege. That protection exists so you can be completely honest. I can’t use it to help you if you don’t use it.

2. Why do I need to tell my lawyer the bad facts?

Because the insurance company is going to find them. When I was on the carrier side, investigating a claimant’s background was routine. Insurers search industry claims databases for prior claims, request years of prior medical records, review social media, and sometimes hire investigators to conduct surveillance. As an insurance defense attorney, I saw how prior injuries and past claims became central questions in depositions and at trial.

When your lawyer knows the difficult facts early, we can plan for them, explain them, and often neutralize them. When your lawyer learns about them for the first time in a deposition, your credibility takes the hit, and credibility is everything in an injury case.

3. What should I always tell my personal injury attorney?

Tell your lawyer about all of the following, even if you think it doesn’t matter:

1. Prior injuries or conditions, especially to the same part of your body. A prior back injury doesn’t end your case. Texas law allows recovery when an accident makes an existing condition worse. Hiding it, though, can destroy your case.
2. Prior accidents, claims, or lawsuits, including workers’ compensation claims. These will show up in a claims history search.
3. Gaps in your medical treatment, and the real reason for them, whether it was cost, transportation, childcare, or work.
4. Every doctor you’ve seen, including before the accident.
5. Social media posts about the accident, your injuries, or your activities since.
6. Anything you’ve already told an insurance company, including recorded statements and forms you signed.
7. Your work and activities since the accident, even if you pushed through the pain to keep your job.
8. Bankruptcy filings, past or current. A bankruptcy can affect who legally owns your injury claim, and it must be handled correctly.
9. Unpaid child support or other liens, which can affect how a settlement is paid out.

None of these automatically hurt your case. All of them can hurt your case if they come as a surprise.

4. What should I not say to the insurance adjuster?

This is where people get into trouble. The adjuster may be friendly and sound helpful, but their job is to evaluate and limit what the insurance company pays. I know, because I trained for that job. After an accident, do not say:

1. “I’m fine” or “I’m okay.” Adrenaline masks injuries, and many injuries don’t fully show up for days. That phrase will be in the claim notes and will be quoted back to you.
2. “I’m sorry.” It’s a natural, polite thing to say, but it can be used to suggest you admitted fault.
3. Guesses about speed, distance, or timing. If you don’t know, say you don’t know.
4. Opinions about who was at fault. Leave that to the investigation.
5. Details about your medical history beyond the accident itself.
6. Anything about accepting a quick settlement. Early offers often come before you know the full extent of your injuries.

5. Should I give a recorded statement to the insurance company?

Not to the other driver’s insurance company, at least not before talking to a lawyer. In most cases, you are not required to give the other side’s insurer a recorded statement.

Your own insurance company is different. Your policy may require you to cooperate with your insurer’s investigation, so speak with a lawyer first about how and when to do it.

Here’s what I listened for when I took recorded statements as an adjuster: delays before seeing a doctor, mentions of prior injuries, small inconsistencies with the police report, and soft words like “sore” instead of “hurt.” None of those questions are asked by accident.

6. Should I sign a medical authorization from the insurance company?

Not without a lawyer reviewing it. Many insurer authorizations are broad enough to give access to your entire medical history, not just records related to the accident. Your lawyer can provide the relevant records without handing over everything.

7. What should I avoid posting on social media after an accident?

The safest answer is to avoid posting at all while your case is open. Photos of you at a party, a family trip, or even carrying groceries can be taken out of context to argue you aren’t really hurt. Set your accounts to private, and don’t accept new friends or follow requests from people you don’t know.

8. Is it ever okay to exaggerate my injuries?

No. Never. Exaggeration is the fastest way to lose a strong case. Honest, well documented claims are the ones that get paid, and they’re the ones a Houston jury believes.

Work With a Lawyer Who Knows What the Adjuster Is Thinking

I’ve been an insurance adjuster, claims counsel, and insurance defense attorney. I know how adjusters are trained, what they write in their notes, and what they’re listening for. Now I use that experience to protect injured people across Houston.

Herrera PLLC offers free consultations in English and Spanish at 2339 Commerce Street, #172, Houston, TX 77002, in the heart of EaDo. You pay no attorney’s fees unless we win or recover for you. Call 832.891.3210. To prepare for your meeting, see What to Bring to Your First Meeting With a Houston Personal Injury Lawyer. To learn how insurers value the pain side of your claim, read Can You Sue for Pain and Suffering in Texas? A Former Insurance Adjuster and Defense Attorney Explains.

This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship.