Articles & News

A Witness That Never Lies

by: Steve Linn

If you are a personal injury lawyer, then you’ve certainly experienced frustration while cross-examining dishonest witnesses.

You may often run into scenarios where you are 99% sure a witness is not being truthful. If you have litigation experience, you are probably a veteran at reading body language and determining when a witness is not telling the truth.

There are also scenarios where a court may exclude evidence for one reason or another, therefore precluding your ability to prove your case or
impeach a witness.

For example, let’s assume you represent a client involved in a car accident. You are fairly certain the other party was using her smart phone
just before the accident.

However, at the deposition she categorically denied using her cell phone.

At this point, without direct evidence to the contrary, most lawyers are forced to accept her testimony at face value.

However, what if I told you that you could prove that she was sending a text message immediately before the accident?

This is what digital forensics can do for you. You can present evidence that a party was surfing the web, sending a text message, or talking on their phone, which contributed to the accident.

Obviously, this gives you tremendous leverage. It gives you the upper hand in settlement negotiations.

You can potentially impeach a witness at trial. You can prove negligence and/or contributory negligence.

Gathering this evidence can be done quickly and efficiently. It may be one of the best investments you make during a personal injury action.

Call or email to see whether our digital forensic services can help you.