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Gathering Witness Statements for Your Personal Injury Case

July 18, 2022
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Witness statements are a crucial component of a personal injury case. When one or more witnesses can make statements that support your claim, you have a better chance of winning your case. Witnesses provide powerful testimony and lend your case credibility. You are wise to consider having witness statements before your day in court.


If you were in a car accident, someone may have witnessed the accident and would be willing to testify on your behalf in court. In some cases, a simple written statement will suffice. Do you have questions about gathering witness statements for your personal injury case? Continue reading to see the answers to these common questions.


Who Makes a Good Witness?


The best witnesses are those who are independent and not acting because they know you or because they have been offered an incentive. They could be other drivers on the road, passengers or drivers of other vehicles involved in the accident, individuals who provided medical aid, or even people who just happened to walk by at the time an accident happened.


Witnesses need not have witnessed the accident itself in every case. You may bring forth a witness who can validate the level of injury you face or who has witnessed you trying to work while injured.


Either way, you should only select witnesses who are credible. A witness who does not seem credible in their statements or on the witness stand could actually worsen your case. Ensure the witness actually saw the incident occur or the resulting consequences of your injuries and did not simply hear about it.


An insurance company will do plenty of research on witnesses to try to poke holes in their stories. You want their story to be airtight.


How Can You Get Witness Statements?


The best place to gather witness information is at the scene of the accident. Many people stop to ensure everything is fine, whether they see a car accident or watch somebody fall down outside. You can ask for their name and phone number in addition to a brief written statement. Just make sure they sign and date the paper.


If somebody is unable or unwilling to write a statement, you can ask them if you can record video or audio of their statement. Remember to get their contact information on this recording as well. Your personal injury attorney may consult with these witnesses again in the future.


When you collect witness statements, ensure you do not interrupt or interject your own thoughts. Simply ask what they saw and gather the information. You have the opportunity to tell your side of the story later.


What If You Can't Find Any Witnesses?


If you are either unable to find witnesses to testify or you do not believe anybody saw your accident, make sure you inform someone of the accident and file the appropriate report, whether it is a police report or an accident report at a place of business. Make sure to take photos of the area, and then determine if video cameras were filming.


Finally, you should secure a personal injury attorney. When you are fighting back against insurance companies, you need a strong case. You need hard evidence in addition to witness statements. Attorneys know how to find photos, videos, and other evidence for your case.


Your attorney will also help you use witness statements or gather statements that will help your case. With your contact information, attorneys can do much of the heavy lifting so you can focus on recovery.


Are you ready to pursue a personal injury case in court? Call Walsh & Associates, PC, today. As personal injury attorneys, we can help you gather eyewitness statements and find witnesses who can testify in court.

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