What Does Attorney-Client Privilege Mean for Injured Accident Victims?

injured accident victim meeting with attorney Privacy protection is of utmost importance to everyone’s life. You have the right to be cautious with disclosing any information that may be used against you. Fortunately, injured accident victims who retain legal representation are protected by attorney-client privilege.

Perhaps you have heard that term mentioned, but are you aware of what it means? How does attorney-client privilege protect your communications with a lawyer after a crash? 

Sigman Janssen discusses the attorney-client privilege in greater detail and how it can benefit your claim for compensation. Our initial consultations are 100 percent free. There is no risk in calling our firm and no obligation to retain our services after meeting with our team.

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Understanding Attorney-Client Privilege

Attorney-client privilege protects communications between a client and his or her attorney. It allows accident victims to trust their lawyers with private information. It means that your attorney is not permitted to discuss you and your claim with others, outside the legal pursuit of the claim at issue.

Wisconsin Statute §905.03 states that attorney-client privilege applies to confidential communications between the client and the lawyer and if applicable, the lawyer’s representative. A client has the right to refuse to disclose and to prevent any other person from disclosing information while seeking legal help.

Generally, in-person conversations and other forms of communication (i.e. emails, phone calls, letters and faxes) with your attorney are protected by this privilege when the following conditions are met:

  • You have an attorney-client relationship with your lawyer
  • Your attorney was performing in a professional capacity
  • You reached out to your attorney to get legal advice
  • You intended the communications to remain confidential

Attorney-client privilege is a long-established part of common law in the state of Wisconsin.

Benefits of Attorney-Client Privilege

Attorney-client privilege offers several benefits to injured accident victims. You can discuss any details or potential issues surrounding your claim in private and know that it will remain confidential.

It is important that you are honest and open with your attorney about anything that may be relevant. If you wait or fail to disclose information, it could make it harder for your attorney to manage your claim effectively and recover maximum compensation. 

Unlike the insurance company, your attorney will not use anything you say against you. You can talk freely regarding liability for the crash and whether you may have partially contributed to it. Insurance companies will do anything to mislead you to delay, devalue or deny your claim.

Exceptions to Attorney-Client Privilege

A lawyer is prohibited from discussing things that are protected by attorney-client privilege. This privilege typically cannot be waived unless the client agrees to it. However, there are exceptions.

Privilege does not apply to communications that are criminal. For instance, if a client tells his or her attorney about a crime he or she is planning to commit, the attorney is required by law to report it.

Anything posted on social media by accident victims is also not considered privileged information. These communications are not exclusive between you and your attorney. That is why you may be asked by your attorney to refrain from mentioning the crash or your claim on any social media platform. If you do send emails to your attorney, be sure that it is from your home and not your work email address. 

It is important to note that attorney-client privilege only applies to private conversations. If you have a conversation with your attorney with another person in the room, this privilege may not apply.

Call Sigman Janssen for a Free Case Review

If you need legal help after a crash, you can discuss the situation in a free consultation with an Oshkosh auto crash attorney. We have a proven track record of success, recovering millions of dollars in compensation on behalf of our clients, including crash victims.

We are prepared to handle all communications and negotiations with the insurance company for you. If your claim has merit, we charge no upfront fees. We only get paid if we help you obtain a recovery.

Call (877) 888-5201 for a Free Case Review.