The question is whether a witness' past record can be used to test credibility. Credibility of a witness is always an issue, and this is an area that insurance attorneys always explore.
Each state has its own rules on determining what is and what is not admissible, depending on the nature of the conviction. This is one of many reasons to retain an attorney if you are serious about your claim.
Here are some more:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
This is very similar to a recent post. As stated in the response to that post:
Walmart, like many other big box retailers and major retailers, aggressively defends slip and fall cases; however, an experienced personal injury attorney can present your claim and show that you slipped (assuming this is correct) as a result of a hazard that Walmart was aware of, or should have been aware of, and that you were not aware of and could not have avoided.
Your boyfriend's testimony will add to the overall evidence that your attorney will present to Walmart. Whether or not they want to claim the testimony is biased, they have to take it into account in their assessment of their risk exposure in the case.
Level the playing field by contacting a personal injury attorney as soon as possible.
DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.
I have made claims against Walmart on multiple occasions. They almost always have video footage of the incident since they have cameras all over the place. The video would obviously be the best evidence of what happened.
As far as your boyfriend is concerned, he is a biased witness but his testimony as to what he observed is admissible. Ultimately, his credibility would be assessed by the trier of fact; i.e., the jury. Whether or not his "past record" is admissible to impeach him depends largely on what his "past record" was and when it took place.
The information provided herein does not create an attorney client relationship and is provided for general purposes only. You should consult and retain an attorney to protect your interests.
Companies like Walmart have caved in and settled countless slip and fall injury claims against them. The important thing is to retain a personal injury lawyer. Good luck.
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