Construction Site Accidents

Can a Witness be Forced to Testify in my Personal Injury Case?

Any case fought within a court requires evidence. This evidence can be photographic, audio-based, or even testimonies. Having an eyewitness makes your stance stronger in both roadside collisions and construction site accidents.

People sustaining personal injuries end up losing a lot of things. That is why they must take matters to court. It is the only way to win compensation. Still, to get justice, you need witnesses and supporting proof. Having someone to support your claim comes in handy in court. It will persuade the judge and jury to decide in your favor. However, at times, these witnesses might jeopardize your case.

According to experienced personal injury lawyers at The Law Office of Todd D. Beauregard PC, “Personal injury cases can be confusing. For the best results, you need a prominent legal representation. Your lawyer can use several means to make your witness testify.”

Using Subpoena to get a Witness to Testify

In several instances, attorneys use subpoenas to get the witnesses’ testimony. It is a legal document issued by the court or a lawyer which forces an eyewitness to appear in court. No matter how busy a person might be, he needs to be present in court when a legal body calls him. Going against a subpoena can land an individual in trouble. Therefore, no one goes against a subpoena of any kind.

Sometimes, people deliberately avoid giving testimonies. At such moments using a subpoena is the only way out. A trained attorney knows when and how to subpoena a witness. For an attorney, his client’s benefit matters the most.

Even though avoiding a subpoena is close to impossible, there are some exceptions. For example, a person who is not served with the document won’t be held guilty for missing out on the court hearing. Similarly, if testifying against a party puts a witness’s life at risk, he doesn’t need to respond to the subpoena. The person issuing a subpoena needs to keep in mind a few things. Firstly the witness should be given the appropriate time to appear in court. Moreover, he should be within 100 miles of the court.

A Subpoena isn’t Always the Solution

One doesn’t need to use subpoenas in every personal injury case. Attorneys only use this method after filing a lawsuit or when the witness’s testimony has immense weightage. However, a subpoena isn’t needed when matters settle out of court. You don’t need to force a witness to testify if the insurance agency agrees to pay up for your damages.

Another scenario where a subpoena isn’t required is when your witness gives an official testimony before the start of the trial. Whether it is a written statement or a video recording of the confession, both have equal weightage.

Convincing a Hesitant Witness to Testify

Getting involved in legal matters can be intimidating. The majority of people fear for their lives, while others think of it as unnecessary trouble. If the party you testify against is influential and dangerous, they might develop a grudge against you. These factors discourage witnesses from coming forward. We all have the right to feel reluctant because the victim’s injury isn’t our concern.

At this point, an attorney can use their skills to encourage witnesses to take a stand. To convince a scared person, you will need to find his reason for staying silent. Without identifying the problem, you can’t come up with a solution. For example, a witness who is afraid for his life can be given extra security. Since he knows that he is safe, he won’t hesitate to come to the court.

Furthermore, connecting with the eyewitness on an emotional level comes in handy. Try to talk with your witness or explain to him your misery. Most importantly, thank him for his time and effort. A single gesture can make a huge difference. With the right strategy, even a reluctant person agrees to testify.

Prepare a Witness Before Taking him to Court

The very first thing to do is to collect all possible evidence from the witness. Record his confession in written or oral form. Once that is done, focus on preparing him for the trial. A strong testimony increases your chances of succeeding. Therefore, prepare the witness in advance.

Prepare a testimony that is concise, convincing, and correct. Along with the testimony, prepare your witness for additional questioning.

Using an Attorney’s Assistance to Convince a Witness

Remember that a trained lawyer can do a much better job convincing people. An inexperienced individual doesn’t have that credibility. So let your attorney handle the matter. Whether you were injured at your workplace or on the road, they make sure you get compensation for your damages.

These lawyers do not only build a strong argument but also track down key witnesses to support your claim. Once, an attorney takes your case, he won’t rest until he gets the witness to testify.

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