Credibility is Key in a Personal Injury Case

REDCLIFFE, Australia - Dec. 15, 2024 - PRLog -- As a personal injury lawyer, I am often asked by clients what I consider the single most important element of their claim to be. My answer is always "your credibility is key."

No matter how good a job a lawyer does in running down all the available evidence, obtaining helpful medical reports and framing your case in its best possible light, if the claimant's credibility is damaged, a positive result in the claim will rarely be achieved. The importance of the credibility and reliability of the plaintiff's evidence was illustrated again in the relatively recent decision of Loury QC DCJ in the Brisbane District Court in the matter of Johnson v Fraser Coast Regional Council. The case involved a knee injury suffered by a 49-year-old male plaintiff who worked as a plant operator with the Fraser Coast Regional Council. The court, in relation to the plaintiff's credibility found that:

*The plaintiff was, in the view of the judge, an unsophisticated man;
*The plaintiff did not volunteer information;
*He did not provide detailed descriptions or a narrative style answer.
*The plaintiff often misunderstood questions, giving literal answers when the question was not directed to the literal meaning of the word.
*There was a tendency for the plaintiff to answer questions quickly regardless of whether he understood them.
*The plaintiff also had some difficulty with his memory particularly as it related to his ability to give an accurate medical history.
*Nevertheless, the judge considered the plaintiff to be an honest and sincere witness who had attempted, to the best of his ability, to communicate what he considered to be the truth.

It was this last finding that was key to the outcome of the case. The judge considered the plaintiff to be an "honest and sincere witness" notwithstanding that, at times, his evidence may have been demonstrated to be inaccurate.

Learn more at https://crewlegal.com.au/, or visit our team in Redcliffe, Queensland to discuss your own matter.