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

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.

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Attorney answers 6


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 herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.


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


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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.


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


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 relationship is intended to be formed.



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.

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