How Can An Attorney Preserve Witnesses’ Testimonies During A Personal Injury Case?
After an accident, one of the most crucial things you need to do to ensure you recover the compensation you deserve from the at-fault party is to gather and preserve evidence. There are various types of evidence you can collect after an accident. Below are some of these types of evidence;
- Police report
- Medical records
- Photographs and videos
- Documentation of lost income
- Witnesses’ testimonies
When it comes to witnesses’ testimonies, preservation of the testimonies is crucial. But why is it important to preserve witness testimony? And, how can your attorney preserve witness testimony? We answer these two questions in the following sections of this article.
What Is the Importance of Preserving Witness Testimony?
Preserving a witness’s testimony is crucial for several reasons. For instance, even if a witness is willing to testify in court, by the time they are called to testify, the chances are, too much time will have passed from the date of your accident. If much time has passed between the date of an accident and when the witness is called to testify, it means they may not remember things very clearly. This is especially true if the witness does not know you personally but was just a bystander at the accident scene.
Secondly, suppose a witness suffered fatal or life-threatening injuries in the accident. In such a case, the witness may not be able to provide their testimony at trial. Preserving the testimony of such a witness is quite crucial.
Lastly, suppose a witness is someone from a different state or nation. In such a case, you may not have the opportunity of calling them to testify in court. Therefore, preserving the testimony of such a witness would be quite vital to the strength of your personal injury case.
How Can Your Attorney Preserve Witnesses’ Testimonies?
Once the discovery process begins, your attorney can take certain steps to preserve witnesses’ testimonies. For example, your attorney can use depositions to preserve testimonies. A deposition generally involves your attorney asking witnesses questions under oath. Usually, depositions are recorded, and that helps preserve testimonies.
Also, there is a way for your attorney to preserve witnesses’ testimonies even before the discovery phase begins. Your attorney can ask witnesses to sign a sworn statement, known as an “affidavit.” Generally, if your attorney goes with this option, they will ask a witness to sign a written statement that recounts what they saw in your accident. When a witness signs an affidavit, the affidavit becomes part of the official record of a case.
In conclusion, you should know that a deposition can be conducted early on in a case if there is enough reason to believe that a witness will not be available when the discovery process starts.
Legal Help Is Available
If you suffered injuries in a Florida accident and need help preserving witnesses’ testimonies, our West Palm Beach personal injury attorneys at The Pendas Law Firm can help you. We can also help you recover the compensation you deserve for your injuries and damages. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Miami, Orlando, Tampa, Jacksonville, Ocala, Bradenton, Daytona Beach, Fort Myers, and Fort Lauderdale areas.
Resource:
law.cornell.edu/wex/evidence
