How to Avoid Losing a Witness Testimony in an Auto Accident Case
Witness testimony is an important part of an auto accident case. You will need to prove that the other driver was negligent to prove that you are entitled to compensation for your injuries. Fortunately, auto accident lawyers act quickly to make sure that they can preserve witness testimony so it can be used in your case.
The Value of a Witness Testimony
When you are involved in an auto accident case, this can quickly devolve into a case of your word against theirs. Therefore, it's important to have a witness who can verify your version of the events and can help your attorney determine how the accident occurred so they can advise you on how to best move forward.
Why You Must Preserve a Witness Testimony
Because an auto accident case can take such a long time to be resolved, it's important that you preserve witness testimony. You might lose track of witnesses who have observed the accident and a witness might forget what happened over time. If your auto accident attorney locates and interviews a witness, the witness will be able to write down what they remember. A witness can also agree to be a witness if needed.
How an Attorney Preserves a Witness Testimony
An auto accident attorney has several methods they can use to preserve evidence. For example, they can ask the witness to make a sworn and signed statement known as an affidavit. The affidavit becomes an official part of the case.
Another option is a deposition in which the witness will be asked questions and their answers will be recorded and will become an official part of the case. In some cases, your auto accident attorney will need to speed up the discovery process so that they can make sure that the witness testimony is preserved.
How to Seek Compensation
In most cases, a car accident case will be resolved outside of court by negotiating a settlement with the insurance provider. However, in some cases, you will not be able to negotiate a settlement and you will instead need to file a lawsuit against the insurance provider to be able to receive compensation for the damages resulting from the car accident.
If you decide to take the car insurance provider to court, they might wait until right before the trial to make a settlement offer. This will be to try to avoid an expensive trial where they might lose big. However, you should never accept a settlement offer without first discussing it with your auto accident attorney.
