defense attorney may then ask the judge to dismiss the case for insufficient proof.">

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Your Personal Injury Claim and the Defendant's Evidence

Posted on:6/20/2013
The outcome of your personal injury case will depend on the evidence you present to the court and how you deal with the evidence presented by the defense.


When all your evidence has been presented, your personal injury lawyer rests your case. The defense attorney may then ask the judge to dismiss the case for insufficient proof. This virtually never works, yet for technical reasons the insurance company’s lawyer often makes this request. Then the presentation of the defense case begins.

 

The first witness presented by the defense is usually its strongest. An experienced personal injury attorney will effectively deal with the testimonies of the defense witnesses. Since your evidence has dominated the first half of the trial, the defense seeks to take away your momentum by offering up testimony that is as compelling as possible in favor of the defense

 

The first defense witness might attack either your version of the accident or the injury claim itself. Perhaps the defendant will testify about how the accident happened from his or her viewpoint.  If the defense is not contesting fault for the accident, or if it does not have a strong witness on liability, it may put a doctor on the stand to testify about the severity of your injuries. The defense will have carefully prepared its witnesses for testimony. The defense lawyer hopes to persuade the jury to return either a defense verdict or a low monetary award. Your personal injury attorney will ensure that the defense lawyer does not succeed and you get the compensation you are entitled to.


  
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