Sometimes a witness’ statement can work to support the claims made by the person that was injured in a given accident. At other times the statement made by a witness manages to provide both the insurance company and any hired lawyers with new information.
The ideal contact between an accident’s victim and any known witnesses
That contact should be made as soon as possible, following the accident’s occurrence. Smart victims do not allow time to erase a witness’ memory. It helps to return to the scene, in order to search for clues, and also possible witnesses. Get the name and contact information for any witness. Be sure to accept and save the information that might be offered freely by witnesses, during the minutes following an accident’s occurrence.
How to maximize the useful nature of the information provided by witnesses?
When making use of a witness’ contact information, the victim of an accident should ask about obtaining a written statement. Any statements in the police report could no be used in court, if the case were to go to trial.
Once someone has offered a written statement, allow that same person the chance to check it and sign it. Personal injury lawyer in Naperville knows that the witnesses’ names might be shared with the adjuster in the defendant’s insurance company. For that reason, a claimant/victim needs to warn witnesses about that possibility. By the same token, each of them deserves an explanation of their rights.
Anyone that might be contacted by the insurance adjuster has the right to choose, whether or not to share his or her information. No one would be breaking the law, if he or she chose to remain silent, after being contacted by an adjuster.
Still, a claimant’s awareness of that fact should not be viewed as permission to deliver specific instructions. In other words, a witness’ actions must be made freely, and not in response to instructions from someone else. So, no claimant should tell someone else that he or she should refrain from saying anything about the accident.
Who should be quiet?
Any friends or family members should remain quiet, when asked about any knowledge that they might have, regarding the incident that caused a friend or family member’s injury. Claimants can keep them quiet by not using social networking websites to share facts about their case.
That recommendation extends beyond the sharing of facts. It pertains, as well, to the sharing of photographs. Insurance companies hire men and women who spend a large part of their day studying the pictures that have been posted on various social networking sites. They hope to find pictures of any claimants that were engaged in some activity that their injury was supposed to have prevented.