How to kill your lawsuit in 3 easy steps / Cómo matar su demanda en 3 sencillos pasos
How to kill your lawsuit in 3 easy steps:
- Lie. Lying is wrong. We all do it. We all say “that baby is adorable” when we’re thinking otherwise. We lie to save someone’s feeling or to prevent an argument or all sorts of things. But in litigation, a lie is never acceptable. In fact, it will kill your lawsuit. A painful truth is better than a convenient lie. No ever has to explain away the truth. You might have to clarify or give context, but your credibility will be intact.
- Exaggerating. This is just a lie told with enthusiasm. For instance: unless you have a bone sticking out of your body then your pain isn’t a 10 on a scale of one to 10. Unless you have bullet holes in you, or a doctor is doing a root canal without Novocain. Your pain is not a 10. If you twist your knee and tear your meniscus, for a moment your pain might be pretty awful…but even then it isn’t a 10..or a 9…or probably even an 8. It hurts, but to get above an 8 you better be screaming, crying and (MOST IMPORTANT) your blood pressure and heart rate better be accelerated. People who are in extreme pain have elevated BP and heart rates. So when you tell your doctor or physical therapist that your pain is a 8-10 and then they see that you aren’t sweating, your heart rate is normal and your BP isn’t elevated, then they (or the jury) will conclude you are exaggerating. Which is a fancy way of saying you’re lying. Don’t lie. Don’t exaggerate.
- Omitting information that is harmful to you. People often tell us they have never been in a lawsuit before (when they have) or that they have never hurt this body part before (which they have). Omitting this information will kill your case. It makes you look unbelievable even when the omission is unintentional. If you have hurt your back/knee/hand before then just admit it. The law allows you to claim aggravation of pre-existing injuries. Likewise, if you have had other lawsuits or claims then always admit them. Most of those cases wont be admissible in your claim unless the defense can show its relevant. But, the moment you deny a prior claim or lawsuit and they defense learns of it, the case becomes admissible to prove you are unreliable or a liar.
It’s pretty simple: always be honest and forthright. If you have questions about your injury or need some guidance then contact us at 618-655-9499 or 7618-254-0055.
SHORT AND DAUGHERTY, P.C.