Can my family member testifying against me affect my car accident lawsuit?

[spaceweathet]

(No family members were involved in the accident)I'm in Ferndale, Michigan and a year ago, I was walking on the sidewalk and a car drove over the curb and hit me, I broke 2 ribs and broke my leg in 3 pieces. I got a attorney and we are suing their insurance company for over 700k. So the defendents defense attorney contacted family members of mine that I didn't have good relations with and they told a bunch of lies about me claiming I always faked injuries and such which I never did. And I was told by my attorney that if the case goes to trial, my family members would testify me against me about supposed things that happend in the past that never happened.

The thing is, my injuries are real and it's been documented and there's video of the car hitting me.

Can my family members testimony against me affect my case?

 

[Zigner]

(No family members were involved in the accident)I'm in Ferndale, Michigan and a year ago, I was walking on the sidewalk and a car drove over the curb and hit me, I broke 2 ribs and broke my leg in 3 pieces. I got a attorney and we are suing their insurance company for over 700k. So the defendents defense attorney contacted family members of mine that I didn't have good relations with and they told a bunch of lies about me claiming I always faked injuries and such which I never did. And I was told by my attorney that if the case goes to trial, my family members would testify me against me about supposed things that happend in the past that never happened.

The thing is, my injuries are real and it's been documented and there's video of the car hitting me.

Can my family members testimony against me affect my case?

Trust your attorney.

 

[adjusterjack]

Can my family members testimony against me affect my case?

If the case ever goes to trial your attorney will make mincemeat out of them (if they even show up) when they have to testify under oath under penalty of perjury.

Chances are that it's going to be settled without trial. Your attorney will want a payday without having to front the costs of a trial, and so will you.

By the way, you aren't suing the insurance company, you're suing the driver that hit you.

Good luck getting $700,000. Unless you are in a wheel chair for the rest of your life, it's not likely to happen.

 

[not2cleverRed]

Good luck getting $700,000. Unless you are in a wheel chair for the rest of your life, it's not likely to happen.

Well, OP did break a leg in three places. Age and potential loss of income is a factor unknown to us.

Can my family members testimony against me affect my case?

Facts matter. If your lawyer is at all competent, then the testimony of someone who neither witnessed the incident nor is a medical expert is going to be weighed less than your medical records and video of you being hit on the sidewalk.

 

[adjusterjack]

Well, OP did break a leg in three places. Age and potential loss of income is a factor unknown to us.

Fair point.

 

[shafique]

(No family members were involved in the accident)I'm in Ferndale, Michigan and a year ago, I was walking on the sidewalk and a car drove over the curb and hit me, I broke 2 ribs and broke my leg in 3 pieces. I got a attorney and we are suing their insurance company for over 700k. So the defendents defense attorney contacted family members of mine that I didn't have good relations with and they told a bunch of lies about me claiming I always faked injuries and such which I never did. And I was told by my attorney that if the case goes to trial, my family members would testify me against me about supposed things that happend in the past that never happened.

The thing is, my injuries are real and it's been documented and there's video of the car hitting me.

Can my family members testimony against me affect my case?

Yes, family testimony can hurt your case. Discuss strategy with your lawyer. Witness credibility is key. Focus on documented injuries and video evidence.

 

[quincy]

When someone is sued for $700,000 over injuries sustained in an accident, it would not be unusual for the defendant’s attorney and/or the defendant’s insurer to have the claim for injuries investigated.

You can expect to have not only medical records examined and your daily actions monitored to note your medical progress but also to have those who know you best questioned, this to determine better if the amount of your claim is justifiable.

As others have said, you have an attorney. Rely on his advice.

 

[stealth2]

Well, OP did break a leg in three places.

Or three pieces (2 breaks)?

and broke my leg in 3 pieces.

 

[Redemptionman1]

On top of everything said, the $700k has to be recoverable. if the person that hit you has something like $25-$30k state mins then that is what you are limited to. You may however pursue a UIM -- claim against your own insurance provider if you can which often depends upon the wording language in your plan documents. I can tell you $700k is a pie in the sky which I seriously doubt you will see 10-20 percent of that.

Good luck with your case and as been said trust your attorney.

 

[zddoodah]

I was walking on the sidewalk and a car drove over the curb and hit me, I broke 2 ribs and broke my leg in 3 pieces. I got a attorney and we are suing their insurance company for over 700k.

You mean you're suing the driver (and/or his/her employer), who is being defended by a lawyer retained by his/her insurance company. Right?

the defendents defense attorney contacted family members of mine that I didn't have good relations

That's truly bizarre. What led the defense attorney to do this? How did the defense attorney even know that these family members exist? What is the exact relationship between you and these family members?

and they told a bunch of lies about me claiming I always faked injuries and such which I never did.

How do you know that's what they told the defense attorney? Is it because the defense attorney told your attorney that's what they said? Did the family members give written statements? If so, have those written statements been produced in discovery? Has your attorney reached out to the family members? Has anyone deposed the family members?

The thing is, my injuries are real and it's been documented and there's video of the car hitting me.

Video of the car hitting you isn't really relevant to the issue you've described. The supposed statements of the family members go to the extent of the injuries not to their existence.

Can my family members testimony against me affect my case?

Of course their testimony can affect your case. How and to what extent will depend on what they say.

 

[Redemptionman1]

^ to help answer the above posts, I would imagine the faking injuries comment comes from them pulling case logs and files on previous suits and injuries. One thing I do know is lawyers are great at discovering all the previous dirt on their clients for both the plaintiff and defendant. Previous lawsuits do come into play since they want to see how many times you have tried to claim injuries before a court. The attorneys for the insurance carriers and your own will know what they are up against. The insurance companies will also pay PIs to take pictures of you while you are out and about to see if what you are testifying to is true. Any time you file a civil case for personal injury you are under a microscope, and the burden is on you to prove that you were injured and that those injuries 100 percent is related to the accident.

 

[zddoodah]

^ to help answer the above posts....

Obviously, that's just guesswork based on assumptions that may or may not be true. That said, if it's true, it's not the sort of thing that will happen in a case with state minimum policy limits coverage. A PI lawyer isn't going to chase $700k - potentially through trial - unless there's reason to believe there's either a deep-pocket defendant or significant insurance coverage. I suspect the driver who hit the OP was either acting in the course and scope of his employment and/or had an umbrella policy on top of normal auto liability coverage. But we'll see if the OP returns to the thread to clarify the facts.

 

[Redemptionman1]

Obviously, that's just guesswork based on assumptions that may or may not be true. That said, if it's true, it's not the sort of thing that will happen in a case with state minimum policy limits coverage. A PI lawyer isn't going to chase $700k - potentially through trial - unless there's reason to believe there's either a deep-pocket defendant or significant insurance coverage. I suspect the driver who hit the OP was either acting in the course and scope of his employment and/or had an umbrella policy on top of normal auto liability coverage. But we'll see if the OP returns to the thread to clarify the facts.

happens all the time, also happens when a business or person has less or no coverage at all. I have seen state min drivers injure people and the attorneys walk away with $300k plus since they identified other liable parties. I have also seen product liability cases where the judgement was in the millions and the injured party couldn't get any of it because liability wasn't proven.

 

[shafique]

You're absolutely right. Minimum coverage can be scary, especially when dealing with serious injuries. It's a good reminder to consider additional coverage for peace of mind.

 

[quincy]

spaceweathet, here is another question to add to those already asked of you, when/if you return to this thread:

Why would your family members lie about you and possibly harm your chances of collecting damages to help cover the cost of your injuries? That seems an awfully odd thing to do even for family members who are estranged.