Is it possible for a witness to also be a defendant in a personal injury case?

Asked 4 months ago - Miami, FL

That is one party witnessed the injury inflicted by another and then in trying to remedy it caused more injury themselves to the plantiff.

Attorney answers (6)

  1. John Christian Bohren

    Contributor Level 11

    5

    Lawyers agree

    Answered . Yes defendants are often witnesses to the trial proceeding. A defendant always has the right to testify on his own behalf and may testify to other facts in the case. What he can testify to however is the discretion of the court .

    The information provided herein is general information only and is not legal advice. The information provided... more
  2. Jay C. Kanter

    Contributor Level 4

    3

    Lawyers agree

    Answered . The short answer is YES , a witness CAN be a defendant in a personal injury case.

  3. Clifford M. Miller

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Post question is "yes" it sounds like you are asking about liability for the act of the good Samaritan. There is a Florida statute that provides qualified immunity for the act of the good Samaritan.

    Whatever happened you should probably reported to your insurance carrier.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . yes.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sure. Best bet is to retain a local Miami personal injury lawyer to investigate any and all possible defendants.

  6. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Two people jump on and beat one person, of course one can be a witness and a defendant

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now