If you were seriously injured in an accident, there's a good chance that you don't remember what happened. Even if you didn't suffer a brain injury, memory loss or gaps in your memory are common after traumatic accidents. The problem you have is that you may not know how you can sue if you don't remember what caused your accident. Here's what you can do.
Why Do You Need to Remember What Happened in Your Accident?
There are a couple of reasons that remembering what happened in your accident can be helpful. If you remember what happened, you can take the witness stand in your trial and tell the jury what happened.
You can also explain to your personal injury attorney what happened to help them prepare for your trial. This can help them find other evidence to prove your case and plan their strategy for court.
Do You Have to Testify in a Personal Injury Case?
You do not have to testify in order to win your personal injury case. All you need to do is provide enough evidence to support your claim. Testifying can help, but there are other types of evidence.
Since a personal injury case is a civil case, not a criminal case, you don't have the right to remain silent. The defense can call you to testify if they think it helps their case. Of course, they can't force you to remember things that you don't remember. If they do call you, they can even look bad if the jury feels sympathetic that the accident was so bad you lost your memory.
What Other Types of Evidence Can You Use to Prove Your Case?
There are several different types of evidence that you can use to prove your case. There may have been other witnesses to the accident who can testify as to what happened. You may be able to get a video recording of the accident from a dashcam in your car or the other car, or a nearby store might have a camera facing that direction. Evidence about the damage to the cars can also be useful.
While it's helpful to be able to tell your lawyer what happened, an experienced personal injury attorney will know what types of evidence to look for and how to figure out the cause of the accident.
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