There are many reasons that an injury victim’s selection of a motor vehicle accident lawyer is important to the outcome of a legal claim for compensation. One vital consideration involves the injury victim’s comfort level in communicating all relevant facts, including information that is unflattering or detrimental to the lawsuit. Misrepresenting or withholding negative information often causes substantial damage to a civil lawsuit because the adverse facts usually will come out at some point in the legal process.
The advantage of candid communication between an attorney and client is that the sting of the damaging information often can be mitigated by a skilled legal advocate. The way this information ultimately is presented to the judge or jury typically determines the impact of adverse facts. Further, the court can actually dismiss a case when there is a pervasive pattern of fraud or misrepresentation by a plaintiff.
In the recent 3rd DCA case, Middleton v. Hager, 179 So.3d 529 (3rd DCA), the passenger in a vehicle brought a lawsuit against the driver after suffering injuries in a rear impact crash. The trial court appointed a magistrate to review the decision-making process related to discovery. The magistrate noted a litany of material misrepresentations about her medical treatment and physical condition prior to the collision that included: Continue reading →