Ronald Miller has a great post in his Maryland Injury Lawyer Blog about protecting plaintiffs in depositions. He makes the excellent point that a plaintiff or consumer “caught lying” can destroy the case. It may be as innocent as simply not remembering a car wreck or two from some years back.
Two observations – first, in a car wreck case Ronald’s point about obtaining a AISG report on the client is well made. This will help the lawyer and the client make sure nothing is said (or not said) about prior wrecks that the insurance company lawyer can take advantage of.
The second observation is that whatever the case involves (car wreck, identity theft, etc) if the plaintiff lies, the case is usually over. I remember a case which should have been a six figure verdict completely go down the drain in about two minutes during trial when the plaintiff “exaggerated” the impact in the wreck. We need to stress to our clients to always tell the truth and never stretch or exaggerate – not only is it morally wrong, it will come back to bite them at trial.