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ARTICLE · 15 FEBRUARY 2021

Truth, memories, recall, and the law for compensation cases

A burden rests with an injured person to prove their case – to tell the truth, or - the truth as best they can recall.

AustraliaLitigation, Mediation & Arbitration

Mark Twain once said, "if you tell the truth, you don't have to remember anything". The inference being that a truthful person can use their experience of an event as the basis for their storytelling.

It seems simple, doesn't it? Yet, in practice it's generally not that easy.

Memories and compensation claims

Most injured people who pursue a compensation claim are required to recount and retell the circumstances of their injury over and over for many years after it happens. Their ability to accurately recall the exact details of an event that occurred many years earlier can be a deciding factor in whether they win or lose their case.

On the face of it, it makes perfect sense. Our legal system relies upon the ability of a Judge to determine facts in dispute to figure out exactly what occurred. This inherently requires an assessment of the credibility of witnesses who give evidence.

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