A he says she says auto accident is often the most difficult type of lawsuit. In a he says she says lawsuit, both parties are intent on proving the truth of their statements, sometimes making it impossible to determine the true facts of an accident. Below is advice on winning this type of auto accident lawsuit.
Keep It Factual
In a lawsuit where the parties are intent on proving the truth of their statements, it is essential to keep every aspect of the case factual. This means that to win you must demonstrate the facts behind the statements that make those statements true. Do not try to introduce the statement that it was raining at the time of the accident; instead use the day’s weather reports generated by a reputable weather reporting source. Keeping evidence as factual as possible takes the party’s argument outside the “he said she said” category and turns it towards a dispute over the facts of the accident.
Do Not Engage the Other Party
While you may be tempted to jump up and discredit the other party’s claimed statements, avoid doing so. Rather, discredit the other party’s words with facts about the accident wherever possible. Proof of one false allegation or statement usually brings the entire rest of the statement into question. If you are able to show that the claims are in no ways true or even possible, you have a strong chance of discrediting the other party’s entire claim.
Engaging the other party on their claims often leads people to believe that there might be some truth to the allegations. After all, why would you spend the time discrediting those statements if they were in no ways reliable? Therefore, do not engage the other party’s claims, instead prove your side and refute the facts of the other party’s case where possible.
Restate Your Side Only Once
You should only make your “he said she said” related claims once in front of the court or jury. This way, your case does not rely on your alleged wording or claims but instead of the facts. Essentially, making a single statement about your claim removes your claim from the category of “he said she said” and makes it appear as though a restatement of the facts of your case. Therefore, resist the urge to return time and again to your statements and allegations about the accident. Instead, use facts to support your case.
Getting Legal Assistance
If you have been involved in an auto accident in which your or the other party’s claims lie in their personal words, seek legal representation for your lawsuit. Courts have strict rules about introducing evidence and making arguments of which an attorney will be aware and knowledgeable when forming your case.
