When it comes to personal injury cases in Oregon your credibility means a lot. This is regardless of whether you are suing because of automobile accident, medical malpractice, legal malpractice, sexual harassment, product defect, or any other personal injury case.
If you become deemed as an “non-credible person” you could seriously jeopardize thereby wasting not only your time but that of your injury attorneys. Quite recently I read a blog post of a personal injury attorney withdrawing from a case because his client keep lying to him. He came to the point where he could not trust the person he was defending and did not want to pursue the case any longer!
So why should you be concerned with your credibility?
If your case goes to trial then it will ultimately be the jury’s decision as to whether you win or not. For them to award you a large settlement they will have to a) like you and b) feel somewhat sorry for you. You will have to gain their sympathy. This will not happen if they do not believe you and one lie can invalidate the rest of your testimony. Jurors are only going to relate to someone they feel is a truthful and hardworking person who was a victim of someone else actions either knowingly or unknowingly.
Oregon personal injury lawyers will tell you in a minute that they would prefer to represent Mohandas Gandhi on a case with little to no evidence than Joseph Stalin on a case that seems like a clear winner. Not only wouldn’t the jury trust the latter but they would not feel sorry for him one bit. They would reason that “he got what he deserved.”
What Is Involved in Being Credible?
Being seen as a credible plaintiff involves more than just not lying. It involves being accurate and being detailed even on seemingly small issues. You have to make sure that you can relate every part of your deposition again, and again, and again with nothing changing each time.
The attorney who is defending the person or business who you are suing is trained to hear irregularities. If you change your story or misstate something, even on accident, the defense’s attorney will call you on it. It could have been a really small and 100% just an accident. But you will be attacked for him and your whole testimony will be called into question. The other attorney may reason with the jury that “if you were mistaken on this part how many other parts are ALSO mistaken.”
Suggestions and Steps to Stay Credible
Good Oregon personal injury attorneys will work with you to improve your credibility. Its his or her job to make sure every piece of your testimony is thorough, accurate, verifiable, and true.
You will also be told what pieces of information you need to keep track of, how to keep track of important information so that you can easily recall it, be fully informed what the witnesses are saying about your case that you may be unaware of, memorize your deposition like you would an important exam you need to score extremely high on to get into college, and be informed of potential traps the other attorney might throw at you.
Here is a nice article written by Eric Hageman which outlines ways plaintiff can win credibility battle in a personal injury case.
Your deposition will be attacked so be ready for it. If you are able to keep your story the same, no matter what, you will be ahead of the game. Its not easy but everything must be done to minimize inconsistencies as much as possible through if the case drags on this is easier said than done as people naturally forget everything that happened. Attacking your credibility is a major weapon of opposing lawyers and when you neutralize that you have a clear advantage. Establish yourself as a person who is truthful and accurate and you can win a very large settlement that will help you and your family in years to come. Become a “lair” in the jurors mind and you have no hope of possibly winning.
