Personal Injury Cases: What Happens in “He Said, She Said” Situations?February 21, 2019
“He said, she said” disputes can be the basis of nearly any type of personal injury case. That’s because, when one party accuses another of negligence and causing harm, the accused party often has a different story as part of his or her defense case.
When conflicting stories about what occurred and who’s liable arise in personal injury cases, resolving these “he said, she said” disputes typically relies on finding and presenting evidence that:
- Supports one version of the story
- Discredits the other version.
Revealing more, the following points out the specific factors that can be used to resolve personal injury claims based on “he said, she said” disputes.
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4 Factors Crucial to “He Said, She Said” Personal Injury Cases
- The credibility of each party in the claim – When conflicting stories about the incident at the heart of a personal injury claim are presented, credibility plays a big role. Determining which version is the most credible can involve:
- Examining the background and character of each party – Specifically, does either party have a history of fraud, criminal activities, or other behaviors that can throw his or her credibility into question?
- Looking at the consistency of the allegations over time – Has either party’s story changed at any point? Do the details of either side’s story seem to make sense, or do they raise more questions?
- Evaluating the attitude and demeanor of each party – Do the body language, tone, and expression seem to align with the story being told? Or do they betray some deception by either party?
- The statements and credibility of other witnesses – If there are witnesses (other than the parties involved in the claim) that observed the incident, evaluating their statements and credibility can also be key to resolving “he said, she said” personal injury cases. As part of this evaluation, it’s important to assess the neutrality of each third-party witness and how their stories do or do not line up with the allegations in the case.
- The physical evidence – This type of evidence can go a long way
towardsbacking up or refuting the accusations in a personal injury case. Depending on the nature of the case, physical evidence can include (and is not limited to) photographs, surveillance video footage, debris from an accident, tire tread marks (in car crash cases), and more.
- The legal representation for each party in the claim – The plaintiff and defense lawyers involved in a personal injury case can also play a big role in how “he said, she said” claims are resolved. That’s because the right attorney can conduct further investigations, work to find more evidence to support a case, find additional credible witnesses (like expert witnesses), and effectively present the arguments and evidence in any legal setting. When there’s no “smoking gun” that clearly supports or refutes the allegations in a case, the representation of an experienced lawyer can make all of the difference in how strong and successful that case is when it’s time to resolve the dispute.
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If you or a loved one has been harmed by another party’s negligent or reckless actions, don’t hesitate to contact a Houston personal injury attorney at the Amaro Law Firm. We are ready to partner with you, protect and advance your claim, and help you navigate the road to recovery and justice.
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