Witness statements can make or break your personal injury claim. Without witnesses, or if you’re reluctant to name any, your case might appear suspicious. Therefore, as soon as you contact a personal injury lawyer, it’s crucial to identify and speak with potential witnesses. The longer you wait, the more likely their recollection of events will fade or become distorted.
Who Can Be Your Witness?
A witness is someone who directly observed the accident. However, a witness could also be someone who arrived at the scene shortly after the accident and saw your injuries or the damages you suffered. Additionally, a witness could be someone who overheard an involved party discussing the accident, suggesting that it was not your fault.
How to Approach Witnesses
To gather useful witness statements, follow these steps:
– Identify Potential Witnesses: Look for people who were present at the scene of the accident.
– Introduce Yourself: Politely introduce yourself and explain the situation.
– Ask About Their Experience: Inquire about what they saw and where they were at the time of the accident.
– Request a Statement: Ask if they are willing to give a statement. If they are unwilling or uncooperative, do not push them. It’s important to remain polite and non-confrontational.
– If the witness is someone you know, the process might be easier. Remember, the goal is to have them on your side, so approach them with respect and understanding.
What to Do if a Witness Refuses to Talk
Witnesses may have personal reasons for refusing to talk. If this happens, respect their decision. You cannot force them to talk, give a written statement, threaten, or bribe them. If necessary, you can obtain a subpoena from the court once you have filed a lawsuit. A subpoena legally requires a person to appear in court.
What to Do if a Witness Agrees to Talk
If a witness agrees to provide a statement, take the following steps:
1. Gather Contact Information: Write down their name, address, and phone number.
2. Document Their Statement: With their consent, write down what they told you as soon as possible. You can do this on the spot if feasible.
3. Follow Up: Send them a typed copy of their statement, asking them to review, sign, and return it to you.
4. If a witness agrees with your version of events but is hesitant to get involved, document their statement and ask them to sign it. Ensure you have their contact information for future reference.
Witness Rights
Witnesses have several rights, even after agreeing to help they can:
– Refuse to make their phone number public.
– Decline to provide a written statement.
– Reject an in-person meeting or a recorded interview.
– Withhold as much personal information as they wish.
– Refuse to to revisit the accident scene.
– They do not have to sign any written document unless they choose to.
– Once interviewed by the adjuster, they do not need to repeat their statement to other insurer representatives.
What NOT to Say to a Witness
Avoid saying or suggesting anything that could be considered coercion or that could damage your credibility:
– Do not ask a witness to withhold information that could be harmful to your case.
– Do not feed your witness statements you want them to emphasize.
– Do not instruct them on what to say.
Witnesses have a powerful influence on the outcome of your case. A knowledgeable personal injury lawyer can assist you in gathering and managing witness statements to strengthen your claim. By approaching witnesses appropriately and respecting their rights, you can build a strong foundation for your personal injury case.
If you need assistance with your personal injury claim, contact Trauma Law today. Our experienced team is here to help you navigate the complexities of your case and ensure you receive the justice you deserve.
