How Do Attorneys Preserve Witness Testimony?

How Do Attorneys Preserve Witness Testimony?

Witnesses are some of the most important assets to attorneys in a car accident. They help build a strong case for retrieving compensation from the insurance company. Therefore, preserving witness testimony is crucial for a car accident attorney in Los Angeles

If you were injured in a car crash, an attorney could help you gather witnesses and preserve their testimonies. They do this in various ways. If one does not preserve testimony, the witness may change their mind, and you lose their valuable statements. 

Why is preserving witness testimony important?

Preserving witness testimony is one of the most important parts of a car accident compensation claim in Los Angeles. A car accident case can go on for a long time, and the witness’s memories may start to fade with time. Then, when they testify in court, they may end up saying something wrong or contradicting that will only make things worse for you. 

Moreover, a witness who suffers from an ongoing life-threatening illness may not live long enough to testify. Legal procedures can take a lot of time, and no one can tell when the time to testify may come. It may be weeks or even months from the date of the accident. 

Other times, some witnesses may be foreigners who go back to their country a few days after the accident. They may not be in the state/country long enough to testify. 

This is why it is important for an attorney to preserve witness testimony. 

Ways attorneys preserve witness testimonies

There are two ways for attorneys to preserve witness testimonies. 

  1. Affidavits. 

An affidavit is a sworn statement in writing with the concerned person’s signature. When someone signs an affidavit, they swear that the information contained in the document is the truth to the best of their knowledge. An affidavit is like taking an oath, except you take it voluntarily and without coercion. 

Your attorney may ask a witness to sign an affidavit with the information contained about the events of the accident. This then becomes an official record of the case. 

  1. Depositions. 

A deposition is also a sworn testimony, except here, the witness participates in a question and answer session, which is recorded. A deposition can only be conducted during the discovery process, whereas an affidavit can be signed at any point during the procedure. 

Both affidavits and depositions provide attorneys the opportunity to find out whether a witness is lying about something. 

Need help?

If you believe your witness testimony is endangered, contact an attorney to preserve it today. 

Category Law

Skye Marshall

Ivy Skye Marshall: Ivy, a social justice reporter, covers human rights issues, social movements, and stories of community resilience.