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If you’ve been injured due to the negligence, omissions, or wrongful acts of another person (or entity), Florida law may give you a right of action against the defendant for damages.  The defendant would like to avoid liability, of course, and may attempt to undermine your claims by forcing people close to you to disclose sensitive information. Fortunately, Florida law gives you an opportunity to prevent such disclosures through the use of an evidentiary privilege.

Application of an evidentiary privilege to prevent critical disclosures can strengthen your personal injury lawsuit.  Let’s consider evidentiary privileges in general first, then we’ll get into the specifics.

What Does an Evidentiary Privilege Do, Exactly?

As a general rule, the application of an evidentiary privilege to your case will enable you (and any other person who holds the privilege) to refuse to disclose certain information.

For example, if you admitted to your spouse — in confidence — that your injuries are not particularly serious, you can cite the privilege and prevent them from revealing that information at trial, thus maintaining a strong argument for damages.

In some cases, even if the other holder of the evidentiary privilege “wants” to disclose sensitive information, you can use your privilege to prevent them from doing so.  As such, evidentiary privileges are quite protective.

Florida Has Many Evidentiary Privileges

There are a number of different evidentiary privileges in Florida, and each works somewhat differently.  Consider the following non-exhaustive list.

Spousal Evidentiary Privilege

The spousal evidentiary privilege allows spouses to prevent one another from disclosing the content of confidential marital communications.  The privilege applies to married couples (and divorced couples where the confidential communication at issue was made while they were still married).

This privilege can be claimed by either of the two spouses, and it applies even if the confidential communications that are being shielded involve admissions of illegal or immoral activity.  For example, if you are suing a company in a slip-and-fall incident, and you tell your wife (in private) that you are faking the injuries, either of you can claim the privilege and avoid disclosure.  It does not matter that the content of the communication could have exposed you to civil and criminal liability had it been revealed.

Accident Report Privilege

In Florida, the accident report privilege allows you to prevent a crash report, as well as statements made by a person involved in a motor vehicle accident to law enforcement officers (for the purpose of completing a crash report), from being admitted into evidence.  The information in the crash report can be unfairly prejudicial.

As the plaintiff in a motor vehicle accident lawsuit, preventing a crash report from being introduced (as well as statements you made) can be quite advantageous.  In the wake of an accident, for example, if you told law enforcement officers that you “messed up” while driving, then it’s important that you prevent that damaging statement from being admitted into evidence.

Clergy-Penitent Privilege

The clergy-penitent privilege enables you (and your religious counselor) to avoid having to disclose confidential information and communications exchanged during confession services.  This privilege applies to all religious denominations.

Suppose, for example, that you confessed to a clergyman about driving in a distracted manner at the time of the accident, thus contributing to your own injuries.  Both you and the clergyman can claim the privilege and refuse to have this information disclosed.

Attorney-Client Privilege

Fundamental to the attorney-client relationship is the guarantee of privacy.  Without privacy, there cannot be trust.  Florida law ensures that attorneys and their clients refuse to disclose information that was confidentially communicated between them (clients may also claim the privilege and prevent the attorney from disclosure).

This privilege applies to attorneys you have formerly consulted with as well.  For example, if you have worked with an attorney and privately revealed to them that you were driving while intoxicated at the time of the accident, then you can prevent them from disclosing that information when you are later bringing an action against the defendant — even though you stopped working with the attorney.

Waiver of an Evidentiary Privilege

Oftentimes, the defendant will attempt to circumvent your use of an evidentiary privilege by arguing that you have “waived” (or abandoned) the privilege.  Waiver of the privilege is difficult to prove, however, particularly in cases where the waiver would clearly damage the holder of the privilege — the defendant will have a lot of trouble trying to prove that you waived a critical evidentiary privilege.

If the defendant does try to show that you have waived an evidentiary privilege, you’ll want to show that you have never evinced an intent to waive such privilege, and further, that the communications at-issue were entirely confidential (you did not make such statements publicly).

Contact an Experienced Fort Myers Personal Injury Lawyer for Further Guidance

Successful personal injury litigation requires informed and thorough legal advocacy.  With the aid of a skilled team of attorneys, you can prevent sensitive information from being disclosed at trial, and undermine the defendant’s arguments, thus improving your chance of securing significant compensation.

Call (888) 477-4839 today or submit an online form to connect with Randall Spivey, an experienced Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights and options.