Inconsistent evidence can complicate your public liability injury claim

Date: Aug 08, 2016

A new case in front of the Supreme Court of New South Wales is a clear indication of why you need an experienced personal injury lawyer when you lodge a public liability injury claim.

A Gerard Malouf and Partners’ lawyer not only has the expertise to see your case through, but can also ensure that your testimony is backed up by facts.

Slip and fall case in Busby

When the plaintiff visited the Busby shopping centre back in 2011, he was merely heading to the local butcher. However, after parking his car, he slipped and fell due to rain soaked tiles.

As a result of the fall, the plaintiff claimed a number of injuries to his back, neck, leg, hips and arms. He also claims to be suffering from psychological pain as a result of the injuries sustained.

The plaintiff’s doctors believe that he became addicted to Oxycontin and other narcotic drugs as a result of developing a pain syndrome. The causation between the pain syndrome and the slip and fall, therefore, became a key point in the case.

Inconsistencies in the plaintiff’s evidence

The case is important to anybody looking at making slip and fall injury claims in New South Wales. This is because the judge found it hard to believe the plaintiff’s testimony due to a number of inconsistencies.

For instance, the Judge had doubts about the plaintiff honestly relating to the symptoms he claimed to be suffering. The plaintiff argued that he felt cold, even in hot weather after the accident. However, CCTV footage of the plaintiff showed that, in some instances, he was lightly dressed in a short sleeve T-shirt, with no visible signs he was feeling the cold.

The plaintiff also testified that he never leaves the house without his current partner. He argued that she is with him 24 hours a day. Yet, surveillance videos show that this is not true, as he was seen driving, walking and travelling alone.

The plaintiff’s inconsistent testimony was problematic for his case and while he was successful, the size and extent of his settlement was no doubt impacted.

The lawyers at Gerard Malouf and Partners can ensure that your memories are organised and recited in a clear and systematic way. This will ensure that the judge understands your plight and is aware of the variables. If you would like to know more, contact a representative today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.