Principle Attorney
After a serious accident, most people turn to family or close friends for comfort and support. It’s natural to want someone to talk to, especially when you’re dealing with physical pain, missed work, and the stress of a personal injury claim. But while these conversations may feel safe, they can carry unintended risks if your case is still pending.
Even a simple remark can be taken out of context, used by the insurance company, or misinterpreted by others. In this post, we’ll explain why it’s often better to keep the details of your case between you and your attorney, and how talking too freely can put your recovery at risk.
Why Keeping Quiet Matters
The outcome of your personal injury case depends heavily on your credibility and the consistency of your statements. When you discuss your case with people who are not part of your legal team, you may unintentionally introduce confusion or invite outside opinions that conflict with the facts.
Insurance companies and defense attorneys look for any reason to dispute a claim. If they can find inconsistencies between what you told your doctor, your lawyer, and your friends, they may use those gaps to question your honesty or suggest you’re exaggerating your injuries.
It’s also important to remember that your conversations with friends or relatives are not legally protected. Unlike attorney-client communications, anything said to someone outside of that relationship can be discovered and used in court.
Common Pitfalls of Oversharing
You don’t need to give away case details to find yourself in trouble. Even brief, offhand remarks can work against you.
Some common scenarios include:
- A text to a friend saying you “feel better” could be used to argue your injuries aren’t serious.
- Telling a relative you were partly at fault might be misinterpreted and passed along.
- Sharing updates about potential settlement amounts can raise questions about motives or accuracy.
- A family member posts on social media about your recovery or the case, exposing information you didn’t mean to share.
These mistakes often happen with good intentions. Friends may be trying to support you or simply making conversation, unaware of how easily something said in passing could come back to haunt your case.
How It Could Affect the Outcome
Oversharing doesn’t just create headaches—it can have real consequences for your legal claim. Colorado law follows a modified comparative fault system. If you’re found to be partially at fault, your compensation can be reduced. If you’re more than 50 percent at fault, you may be barred from recovering anything at all.
Statements made to friends or relatives that differ from what you tell your attorney can lead to:
- Challenges to your credibility
- Damage to your pain and suffering claim
- Undermined witness testimony if someone recalls an earlier version of the story
- Delays in reaching a fair settlement or verdict
The other side may subpoena your phone records, texts, emails, or social media posts. If there’s anything there that contradicts your claim, it can weaken your case, even if the comments were never meant to be shared publicly.
What You Can Say to Loved Ones
You don’t have to shut people out completely. It’s okay to lean on your support system while keeping boundaries in place.
Here’s what you can say:
- “I’ve hired a lawyer and can’t go into the details right now.”
- “I know you care, but I’ve been told not to discuss the case until it’s resolved.”
- “Thanks for checking in. I’m just focusing on getting better for now.”
It’s perfectly reasonable to keep things general. You can let people know you’re taking things seriously and protecting your legal rights.
When to Contact Your Attorney
If you’ve already spoken about your case to others or posted something you’re unsure about, don’t panic, but don’t wait. Let your attorney know right away so they can assess whether it poses any risk and take steps to address it.
Your lawyer can also give guidance before you speak to:
- Insurance adjusters
- Witnesses
- The other party involved in the accident
- Anyone else who might be contacted as part of the case
Having this support helps you avoid common mistakes and focus on your recovery without the added worry of saying the wrong thing.
Let Your Lawyer Speak for You
A personal injury claim is about protecting your future. Being careful about what you say and who you say it to can make a real difference in the outcome.
At the Law Offices of Dianne Sawaya, we help injury victims across Colorado take smart steps forward. If you have questions about your case or want experienced legal support, we’re here to help. Call us today for a free, confidential consultation.