Legal Question in Civil Litigation in California

Many smart attorneys do their homework before investing time in a case, to avoid lying clients and other problems.

Many smart attorneys do their homework before investing time in a case, to avoid lying clients and other problems.

Even if the plaintiff attorney doesn't, it is guaranteed the defense attorney will

The insurance company lawyers know all about the time you fell off the swing set when you were eight. You be sure and tell your lawyer anything and everything. There is no lawyer more upset than a lawyer who just learned something about his client that he should have learned from the client.

Previous injuries is one of the areas of questions in the standard Judicial Council Form Interrogatories, which EVER defense attorney sends out at some point in the case. So the exact answer to your question is probably, no, they won't conduct an investigation if they don't ask, because someone is sure to ask that interrogatory and you will have to answer it under penalty of perjury. So unless you plan to lie under oath, the information will come out sooner or later.

Mr. McCormick is entirely correct and to the point. In my 25+ years as a personal injury defense attorney never knew any defense counsel that did not ask about similar prior injuries or disabilities. When your medical records are subpoenaed there will also be mention of prior injuries you told your Dr.s about. If you lie and get caught, the value of your case drops a lot and many plaintiffs attorneys will tell you to accept whatever the insurance company offers.

The fastest way to lose your case is to hide something from your attorney. I can't think of something that ruins my day more than when I find out from one of my own clients "oh, by the way, I didn't mention ...."