It’s never fun dealing with an injury lawsuit, but you would hope that the other side would be open and honest about the process. However, as we’ve seen countless times over our many years in the field, oftentimes the other party is less than objective about the details of the incident. So what are your options if the other side is bending the truth or outright lying about the details of your personal injury lawsuit? We explain what options are at your disposal to strengthen your case and prove the other side is lying in today’s blog.
How To Prove The Other Party Is Lying?
It can be extremely frustrating if the party you’re seeking compensation from lies about the incident, especially if they have witnesses who “back up” their claim. For example, if the driver and their passenger said you were jaywalking at the time their vehicle struck you, but they really rolled a stop sign and failed to see you, you might feel like their two stories will outweigh your one version of events. While this can unfortunately happen to accident victims, it doesn’t have to if they know some ways to strengthen their version of events and how to prove inconsistencies in the other party’s story. Here are some tips for proving the other side is lying.
1. Hire a Lawyer – One of the first things you should do when pursuing a personal injury claim against another party is to consult with a lawyer. A lawyer will be able to frame your story such that it remains credible and impervious to questioning, and they can really break down the witness accounts and see where there may be inconsistencies. You can be truthful as ever, but if you can’t discredit the other side when they tell a lie, your story will hold less water. A lawyer can help discredit untrue statements from the other side.
2. Consult Expert Witnesses – Your lawyer will also have access to expert witnesses who can use mathematics, an engineering background or other expertise to help prove that you are telling the truth, even though they did not witness the accident themselves. Accident reconstruction experts can help prove discrepancies put forth by the other side and showcase that the accident could not possibly have happened in the manner in which they say it did. Your lawyer will have access to expert witnesses that may be able to assist your case.
3. Write Things Down – Your version of events, even if it’s the truth, needs to be consistent. That’s why we recommend you write down your version of what transpired shortly after the incident, and you keep updating the log based on new information, like if you talked with the insurance company or received paperwork. Having a dated and detailed log of information can go a long way in proving that your testimony is more credible than the other side’s, and it will prevent you from accidentally changing details about the incident that could jeopardize the integrity of your testimony.
4. Witnesses And Cameras – Impartial witnesses and recording devices can also help give credence to your claims that the other party is lying. If anyone witnessed your accident, get their contact information before you leave the scene. If you are injured in an area where a dash cam, traffic camera or surveillance camera may have caught the incident on tape, talk to your attorney or the owner of the camera shortly after the incident so the footage can be saved.
5. Cell Phone Records – Finally, your attorney may be able to file for the cell phone records of the other party. If they claimed they weren’t texting at the time of the incident, but their text message log suggests otherwise, you can help to catch them in a lie. Cell phone evidence is becoming more common in the courtroom, so talk to your attorney if you have reason to believe the other party was distracted by a cell phone when the incident occurred.
For more information or for help with your personal injury case, reach out to Dean and the team at Margolis Law Firm today.