Can I See My Personal Injury File?

The short answer to this question is yes. Any client in any state in the country has the absolute right to see their case file in a personal injury claim (the same goes for any kind of civil case, including a divorce or any other kind of lawsuit). It's the client's case, so the client is entitled to access to the case file.

But this question typically gives way to one or two follow-up issues— especially when it comes to the attorney-client relationship in a personal injury case—so we'll look at those as well.

What If My Attorney Won't Let Me See My Personal Injury Case File?

If you have a personal injury case and your lawyer won't let you see your file, that's almost certainly a bad sign. There really is no good reason for a lawyer to refuse a client's request to see the case file. On the other hand, there may be cause for concern when an attorney resorts to this kind of conduct. Mainly, it could mean that the lawyer is hiding something.

If you want to see your file and your lawyer can't seem to get around to scheduling a time to make it available to you, then you need to get proactive. At the very least, schedule a face-to-face appointment with your lawyer as soon as possible, so it's clear that you're serious about seeing the file, and you have one last opportunity to get on the same page with your lawyer.

And if you meet with your lawyer and they're still arguing that you don't need to see the case file, it's probably time to think about next steps. More on these later.

What If My Personal Injury Case File Seems Incomplete or Disorganized?

Let's say you do actually see the file. What should you be on the lookout for? The types of documents that are often found in a client's personal injury file include:

• correspondence
• your medical records
• police reports and other accident reports
• photographs and other accident evidence
• investigation reports
• your fee agreement with the lawyer
• witness statements
• the lawyer's notes (however, be aware that most lawyers keep their notes on their computer or other device; so there may be few, if any, handwritten or typed notes in the file)
• reports from any experts that the lawyer might have hired, and
• if a personal injury lawsuit has been filed, all of the litigation documents (including court filings or "pleadings," and deposition transcripts).

Your file could be in impeccable order, or it could seem to be pretty disorganized. The condition of the file probably won't tell you much. Many lawyers' files look like they're in complete shambles, yet the attorney still manages to keep track of everything and represent clients effectively. And an organized file doesn't indicate that your case is on the right track.

Maybe It's a Matter of Trusting (Or Not Trusting) Your Lawyer

The issue of access at your file may be, like most aspects of the attorney client relationship, a matter of trust. Do you trust your lawyer? Do you get a good feeling about them, or does something just seem off?

It boils down to trust because, even looking at the case file, most clients have no way of knowing whether everything is there. You simply can't know if the lawyer has removed a letter or two, or has hidden some other document—maybe one indicating that your lawyer missed a big filing deadline that could be crucial to your case.

In other words, you're probably not going to learn anything useful from seeing your file, but you might have valid reasons to question what's going on with your case. In that situation, as with most relationships, communication can be crucial.

Have a Face-to-Face Chat With Your Lawyer

If you're having trust issues or other big-picture doubts about your lawyer, your best first step might be sitting down and talking things out—whether your concerns really are limited to seeing your entire case file, or whether there are larger issues at play. Your lawyer might be surprised at the nature and extent of your concerns, and may be perfectly willing and able to talk them through with you, so that the two of you can get (back) on the same page.

Get more personal injury client tips.

Taking Next Steps If You're Having Problems With Your Personal Injury Lawyer

If you've tried working things out with your lawyer and you're just not getting anywhere, check out these additional resources from Nolo:

• What You Should Expect From Your Lawyer
• What to Do When You're Mad At Your Lawyer
• Suing Your Lawyer For Malpractice