Legal Question in Personal Injury in California
Attorney presenting false evidence during a trial
I recently was part of a trial, Plaintiff, where the defendant's attorney presented evidence during trial, of the vehicle his client was driving at the time of the accident. their estimate for damages was in excess of $2000.00, noting damage to the front fender, door and rear wheel well. However, the defence presented a picture of their car with only marks on the front fender. Unfortuneately, my attorney let that slip by. We lost our case. do i have any recourse against the defense attorney for submitting false evidence?
3 Answers from Attorneys
Re: Attorney presenting false evidence during a trial
It's quite a leap from "I didn't find their evidence convincing" to "Their evidence was false and their lawyer knew it." As Mr. Bennett wrote, this is probably something you should just learn to deal with.
Re: Attorney presenting false evidence during a trial
Your recourse would be to file an appeal, and ask for new trial.
You also could attempt a malpractice case against your lawyer.
It would be next to impossible to prove "false" evidence, especially because the judge and/or jury apparently believed the evidence, and no objections were made to it during the trial.
Your "opinion" that the evidence is false, does not mean that you can prove it in court.
Basically, forget it and move on.
Re: Attorney presenting false evidence during a trial
Simply put, you do not.
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