THE DEGREES OF PERSUASIVE IMPACT: ONE WITNESS; MULTIPLE THRESHOLDS

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THE DEGREES OF PERSUASIVE IMPACT: ONE WITNESS; MULTIPLE THRESHOLDS

THE DEGREES OF PERSUASIVE IMPACT

ONE WITNESS; MULTIPLE THRESHOLDS 

 

You’ve got a Witness who was standing on the corner with their child waiting for the light to change so they could cross the intersection when your policyholder was hit by the adverse insureds vehicle.  If we look at a Witness’s testimony within the confines of the Evidence Case Matrix … how do we assess the degree of persuasive impact we can assign to it (is it conclusive, is it possibly limited, substantial, relevant, persuasive, unknown, etc.) ?  Here are some things you can consider in arriving at that level of Persuasive Impact tied to this Source of Proof.  Toward the Witness … their credibility can be evaluated, in part, by use of the criteria … Consistency !  What might we mean with that one word ?  Consider the internal consistency of their statement based on the story they tell you.  They said the light was ‘red’ and then later say they ‘moved to cross because it had turned yellow’.  How about … is there consistency over time with their story such as from when the First Notice of Loss was taken to when they actually gave a Statement over the phone.  Consider consistency with further facts in the case perhaps as with photos taken at the loss location or details offered by others such as in a Police Report.  Does their story ‘match-up’ ?  How about an interest in the outcome of the case ?  Did this Witness know anyone involved or talk with anyone at the scene ?  Lastly, we can have plausibility which is just to offer … is there real-world common sense to the story being described by the individual ?  In the end is the Witness’s statement reliable or unreliable as you see it. You then (based on the scale of degrees we’ve discussed) assign the persuasive impact.  It may be the witness is very persuasive or they may be limited so you’ll look to other proofs to prevail.  Next week we’ll apply all of the Evidence Case Matrix to a fact pattern -

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