A court of law is supposed to draw out the truth, leading to concrete findings that are binding. The process works, which is why it’s a cornerstone of our democracy. That said, people aren’t always as honest as they should be throughout the legal process, which can jeopardize the integrity of your case. Although that’s a huge risk, there are legal strategies that can be utilized to protect your interests and highlight falsehoods and misstatements of fact that otherwise could be damaging to your claim. Let’s look at some ways to do that so that you have a better idea of how to get a handle on this issue should it come up in your case.
How to ensure that lies don’t derail your personal injury case
People lie in personal injury cases more often than you’d think. They do so primarily to protect themselves and their interests, such as by indicating that they were following the speed limit when they really weren’t so that they can avoid a finding of liability for an accident at hand. Dealing with these lies can be stressful, and it can also threaten your case. Don’t let that happen. Instead, do the following to highlight and correct falsehoods that come out during your case:
- Take depositions: A deposition will give you an idea of how witnesses, even the defendant, will testify at trial. But because depositional testimony is taken under oath, you can pin down those witnesses’ statements to use against them at trial if their testimony changes or if you’ve otherwise caught them in a lie. This is a great way to shield yourself from falsities.
- Send requests for admission: Prior to trial, you can ask the defendant to admit to certain facts. If they deny them and the court subsequently finds them to be true, the defendant may be on the hook for additional fees. This may be enough to dissuade them from lying or misconstruing the facts, thereby helping you give the court an accurate portrayal of what happened in your wreck.
- Find contradictory evidence: Another way to catch a witness in a lie is to simply submit contrary evidence. For example, another much more credible witness may have a different account, or a police report may contain facts that contradict those testified to by the witness in question. These contradictions may be enough to sway a jury in your favor.
- Use experts: In most instances, a well-qualified expert’s testimony is going to carry more weight than that of a lay witness. So, consider whether you can use an expert to dispel or otherwise discredit harmful testimony from one of the defense’s witnesses.
- Attack credibility: Some witnesses simply can’t be trusted. You might be able to highlight that for the judge and jury by pointing out inconsistent statements, motivation, bias or a criminal history for lack of truthfulness.
Don’t let lies and misconstrued facts ruin your personal injury case
If you don’t call out lies or a mischaracterization of the facts, then the jury may rely upon wrong or manipulated information to decide your case, the outcome of which very well could be contrary to your interests. So, make sure you have a strong legal strategy in place to protect your interests. We know that requires some legal maneuvering, but don’t be overly stressed by the thought of navigating the intricacies of legal arguments. You can leave that your legal professional while you focus on reclaiming your health and getting back to as normal of a life as possible.