01 Dec 2014

A Boston Personal Injury Attorney Explains Credibility

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Oftentimes, the jury in a personal injury trial will make a decision based on who they find to be the most credible, or who is more believable. Often, defendants falsify events when making statements to insurers, according to a Boston personal injury attorney. It occurs in every type of case, from medical malpractice to product liability.

 

Most of the time, accident claims are settled without a trial after successful negotiations with insurance companies and the defendant remains a faceless name on a legal document. If the case goes to court, the defendant will be required to testify in front of the jury and is no longer an anonymous individual. This is when the issue of likability and credibility can cause problems with your case.

The Issue of the Likable Defendant

If the defendant has a likable personality, jury members may feel sympathetic toward her or him. They could be hesitant to award the full settlement amount or may not reach a decision that is favorable to your case. Jurors mistakenly believe that the amount awarded will come from the defendants personal finances, says a leading Boston personal injury attorney. An astute defense attorney will use this false belief to bolster their efforts, especially when the jurors appear to be connecting with the defendant.

How a Boston Personal Injury Attorney Can Help

A skilled and experienced Boston Personal Injury Attorney will arrive prepared to deal with false statements and misconceptions of the jury.

  • Physical Evidence. In the case of a statement that is not truthful, there are many times the physical evidence will support your case. Medical reports, photographs of the scene, and police reports will be introduced. Eyewitnesses and law enforcement may be called in to testify.
  • Jury Instruction. Your attorney can counteract any feelings of sympathy among jury members by helping them to understand that any settlement will be paid by the insurance company. He will make it clear that the intent is not the punishment of the defendant, but to provide you with the compensation you need to cover medical and other expenses.

A jury that is sympathetic toward a defendant can pose some challenges, but hiring a skilled personal injury attorney can help you be successful in winning your claim.

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