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When a lay person testifies to what he or she has observed about an accident involving my client, I am sure to consider the following: the witness’ ability to perceive, tell the truth, remember, and narrate. These are the criteria that I was taught in evidence class thirty years ago and they are relevant today and probably have been relevant for hundreds of years in trial practice.
The four factors may seem interrelated. No doubt they are. Perception is the ability of a witness to see what they think they see. In this sense, perception isn’t always reality. Many people will attempt to describe events though they lack a vantage point ‘ literally ‘ from which to assess matters. Secondly, when a witness testifies, that individual takes an oath, as we all know. Regrettably, some people have biases which influence their testimony, even if they do not consciously set out to mislead. Third, the passage of time dims many a memory and, of course, depositions and trials take place many months, and usually many years, after the event causing the injury. Finally, the ability to describe what happened varies markedly with the skill of the witness. But by the way, after thirty years I have learned that this ability is not directly related to educational attainment either.
In assessing prospective witness testimony, a lawyer could do far worse than keeping these four factors in mind.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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