From car crashes, to slip and falls, to all other types of injuries at the hands of others, one point of contention in many of these cases deals with essentially how hurt is the injured party. In some of these cases the defense says you are lying about your injury. They will not usually come out and say this directly, but their position in the case makes their point clear.
The main focus of this Maryland educational article and supporting video, is to help you combat these types of ruthless defenses in your injury case. One way to do this is with the help of before and after witnesses.
WHAT ARE THE BASICS OF A MARYLAND INJURY CASE?
Before explaining when the defense says you are lying about your injury, I want to drop back and give you the basics of a Maryland injury case. Certain elements have to be proven by the plaintiff, the person bringing the law suit. The elements are the following:
- DUTY
- BREACH OF THE DUTY
- CAUSATION
- DAMAGES
For the purposes of this discussion, we are focusing on damages. Damages is a fancy legal word in this context as the harm done to the injured person. When the defense says you are lying about your injury, they are really attacking your damages claim.
DEFENSE SAYS YOU ARE LYING ABOUT YOUR INJURY …
One way to contradict the defense’s point that you are lying about your injury is through the use of before and after witnesses. Before and after witnesses can not only be family members and friends, co-workers, for example, can also be used as these types of witnesses.
A before and after witness can talk about their personal experience in dealing with you. In essence, a before and after witness will have seen you before your injury and after the injury. They can testify as to the challenges they have watched you endure.
These witnesses are powerful because they can directly oppose the testimony by someone like the defense’s “independent medical examiner” (IME). Remember, this IME is not a treating doctor of the plaintiff. As a result, this doctor will not have knowledge of all of the interworkings of the plaintiff’s life. On the other hand, more than likely, the before and after witness will have more contact with the plaintiff, increasing their chance of having favorable credibility with the factfinder in the case.
HAVE YOU SUFFERED AN INJURY WHILE IN THE CARE OF A DOCTOR/HOSPITAL?
To speak with me further regarding a possible Maryland medical malpractice issue, pick up the phone and give me a call. I can be reached at 301-850-4832. I answer medical malpractice questions like yours all the time and I would be happy to listen to your story.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
301-850-4832
