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Attorney Ben Glass

 

Accident Scene Statements Sink Claim

December 7th, 2007 Author: Ben Glass

A recent case in Roanoke, Virginia shows just how statements made by an accident victim can later come back to haunt them.

In that case the victim said that she was ‘not hurt’ at the accident scene. The person who hit her admitted that the accident was his fault but said “hey, she said she wasn’t hurt.”

When the jury returned a verdict for NO DAMAGES, the judge said that was OK (even though the victim later saw a doctor and received treatment for injuries apparently related to the accident. The judge said, basically, “she said she wasn’t hurt at the scene, so the jury can find that she wasn’t hurt.”

Now, does this mean that if you are ever in an accident you should claim you were hurt at the scene? No, of course not.

Better just to not say anything. Sometimes, because of the stress of the accident, you may not feel hurt at the scene. Get checked out!

More importantly, just be awared that “what you say can and will be used against you in a court of law.” Never lie, but be on your guard.

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