Always at issue is your credibility. In some cases, a jury may find in favor of a plaintiff and only award a dollar because they are a jerk. Usually, this has to do with the defense tearing the plaintiff a new one during discovery. Locking the plaintiff into a false or dishonest answer or getting a plaintiff to change the answer has been the death knell for many a personal injury case. The plaintiff’s lawyer in Los Angeles must be prepared for any contingency.
For example, your lawyer must know how to deal with questions regarding prior similar accidents and injuries. This helps prove nightclub assaults and slip and fall cases, for example. But if the plaintiff lies about their past criminal history, illnesses, lawsuits, work history, treatments, and treatment records, this can kill their case. Credibility is always an issue.
Plaintiffs should answer as follows:
- “I don’t remember, ” “I don’t recall.”
- “Yes.”
- “No.”
- “I don’t know.”
- “In front.” (For example. Q: “Where were you?” A: “In front.”).
No requirement forces you to volunteer information. After all, you cannot answer something if you don’t know. Honesty is the only requirement. Obviously, the attorney you hire must teach and counsel you the process. But even if your lawyer objects, in most cases, you must answer the question.
Sometimes, failure to respond results in “Doomsday Sanctions.” These sanctions include the issue and terminating sanctions. Termination of whole defenses and cases could be an issue.