Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that all Indiana personal injury victims would be wise to consider before filing a case against a defendant. The case addressed when a personal injury defendant may be able to evoke their privilege against self-incrimination when asked to testify in a personal injury lawsuit.
The Facts of the Case
According to the court’s opinion, the plaintiffs were the surviving loved ones of two pedestrians who were killed in an accident caused by the defendant. Because the defendant was intoxicated at the time of the crash, he was arrested and charged with several serious charges, including two counts of murder.
Evidently, the defendant ultimately pled guilty to the murder charges and was sentenced to a total term of 32 years in jail. The defendant filed an appeal of his sentence, claiming that it was excessive. The plaintiffs filed a civil wrongful death lawsuit around this same time, and submitted a discovery request to the court, seeking the defendant be deposed.