Abramson Smith Waldsmith LLP
415-421-7995

Can you testify in your own accident case after a brain injury?

As you drive on California's busy streets and highways, an accident can happen out of nowhere. One of the greatest fears in the case of a motor vehicle accident is the fear of suffering a brain injury. While some brain injuries are mild, others can lead to permanent impairment ranging from minor cognitive and functional difficulties to complete loss of capacity. A severe enough brain injury can lead to coma or death. If you pursue a suit in the case of a motor vehicle accident and resulting brain injury, are you able to testify in your own trial?

The answer lies in California's laws regarding mental competency. According to the California state courts, mental competency proceedings may be required to determine whether or not you are fit to provide reliable testimony. Competency proceedings may also be ordered if the veracity or reliability of your testimony or claim is called into question. A mental competency hearing may also be required to determine the extent of brain injury as evidence in your claim.

Trial proceedings may be temporarily suspended in the event of a mandatory mental competency hearing. Hearings are generally conducted by a court-appointed professional with qualifications in mental health and competency. A judge may make a determination regarding continuing trial proceedings or determining liability in the trial based on the court-appointed professional's findings. Pertinent details of your case may impact the final decision, and whether further steps are required to pursue the case.

This information is meant to serve as reference only, and does not constitute any form of legal advice or recommendation.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • American Board of Trial Advocates
  • The Best Lawyers In America
  • American College Of Trial Lawyers
  • Salus Propoli Suprema Lex Esto
  • Lawdragon 500 Leading Lawyers In America
Email Us For a Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Abramson Smith Waldsmith LLP
44 Montgomery Street
Suite 3340
San Francisco, CA 94104

Phone: 415-325-2535
Fax: 415.421.0912
San Francisco Law Office Map