Personal injury cases often come down to credibility.  Can we believe what the person is saying?  This is especially true in cases where there is less objective medical imaging to support the impairment.  You have a victim saying they are in pain, saying they are impaired, but will they be believed?  Further, the injured person faces the burden of proving the case.

The injured person often is “put on trial”.  Everything the injured person has done and said is examined.  The goal from a defence perspective is to show that the acts, omissions and conduct is not consistent and thus the person can’t be believed about matters relevant to the accident.

The ancient Greek philosopher Diogenes spent much of his life searching for one honest man, only to be left with the conclusion that there was nothing but “rascals and scoundrels”.  Diogenes is considered one of the founders of Cynicism, so his views must be taken with a grain of salt.  However, consider how many people you know who have never told a lie.  To prove a fact in civil court it must be found “more likely than not”.  There is no golden rule regarding when someone will be believed.  Not all inaccuracies are created equal.  In my experience – someone who admits a mistake, will be given a chance to prove they can be believed; at the very least, fifty-one percent of the time.