What Role Does Credibility Play in My Personal Injury Case?

In 2021, 461,478 civil cases were filed in U.S. district courts. Although there are a lot of important elements in a personal injury case, the credibility of the involved parties, while not often talked about, is crucial for many reasons. When injured victims and the eyewitnesses who support their claim are credible, their case for financial compensation is much stronger. The insurance carrier will be looking for a reason to deny or devalue your claim. One way in which they can accomplish this is by casting doubt on the credibility of the injured victim or a witness. The experienced Hampton personal injury attorneys at Shapiro, Washburn & Sharp are committed to holding negligent parties responsible for their actions. This includes offering our clients advice on the best way to safeguard their credibility during the legal process. Our law firm has a history of proven results and fighting for maximum compensation. 

What is Credibility?

When someone is credible, they are trustworthy and believable. In a personal injury claim, credibility is vital, particularly if you wind up having to argue your case in court because you want the jury and judge to accept your version of events. Although far from the only essential factor, if your credibility gets destroyed, proving your case is going to be a lot more difficult.

Do Credible Victims Recover More Compensation?

Credible victims have a strong chance of being awarded more financial compensation since the jury is more likely to empathize with them over an insurance carrier. When a victim and their case are both credible, the possibility of losing at trial can incentivize the insurer to agree to a fair settlement offer. 

On the other hand, less credible victims are unlikely to extract a favorable acknowledgment from a jury, so the insurer may feel more assured about taking the case to trial where they can undermine the plaintiff’s credibility even further, increasing their odds of winning or at least paying out a substantially smaller settlement.  

What Factors Can Affect A Victim’s Credibility?

Several things factor into whether a victim is seen as credible, including:

• Criminal record
• Driving record
• Good financial standing
• Personal life
• Demeanor, appearance, poise, and manner of speaking
• Statements about the accident

If the plaintiff’s statements about the incident have been consistent, and they don’t have a reputation for lying or exaggerating, they should be seen as credible. If, however, the victim has a criminal background or a subpar driving record, their credibility could be called into question. If their statements about the accident have been inconsistent, or they have financial problems, the insurer will be wary of their motives for pursuing financial compensation.

How Can I Establish Credibility in My Case?

The best ways for you to begin establishing credibility right away in your case are:

• Seeking prompt medical care after the accident
• Demonstrating consistency in your statements about the accident
• Attending all medical appointments and following your doctor’s treatment plan  
• Not participating in any activities that appear to contradict your claims regarding the severity of your injuries

Can a Credible Witness Strengthen My Claim?

As important as the victim’s credibility is to their case, so too is the credibility of any eyewitnesses testifying on their behalf. A bystander who saw the incident is supposed to give an impartial account of what they witnessed in order to help convince the jury of the victim’s version of the events. Also, expert witnesses, like accident reconstruction experts and medical professionals, can help prove fault for the accident or validate the severity of your injuries. Unfortunately, if any witnesses are thought to be untrustworthy by the jury, their testimony could hurt your case rather than help it.  A witness is also more likely to be viewed as credible if they do not benefit from the case’s outcome in any way. 

How Can My Credibility Be Attacked?

After an accident caused by their policyholder, the insurance carrier is going to work very hard to avoid making a payout for damages by shifting liability. One common tactic they like to use is attacking the plaintiff’s credibility as well as the credibility of any eyewitnesses testifying on their behalf.

Some common methods of attacking credibility are:

• Combing through someone’s public records looking for previous driving violations or criminal activity
• Scrutinizing the victim’s financial history
• Looking at someone’s social media accounts
• Questioning a witness’s interest in the case’s outcome
• Digging through your full medical history and looking for previous injuries similar to those caused by the accident

Talk to a Hampton Personal Injury Attorney

Insurance carriers will work to find any reason to damage the credibility of an injured victim and their claim. If they are successful in doing so, it will be much easier for them to undermine your case. The Hampton personal injury attorneys at Shapiro, Washburn & Sharp have 70 combined years of experience building compelling cases for our injured clients and have recovered millions of dollars in the process, such as the $1.85 million wrongful death settlement we secured for the family of a motorcyclist who was fatally struck by a negligent truck driver. If you sustained injuries caused by someone else’s negligence, our Hampton personal injury attorneys are here to help. You can schedule a free consultation by calling (833) 997-1774 or filling out our easy contact form. We have offices in Hampton, Portsmouth, Chesapeake, Norfolk, and Virginia Beach.  

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