A credible and persuasive statement from an eyewitness can have a powerful impact on your personal injury case, but obtaining these statements can, at times, prove challenging. In many cases, witnesses who could provide critical details are hesitant to get involved.
While an attorney may theoretically force a witness to cooperate by serving a subpoena, experienced personal injury attorneys will work to gain the trust of a witness whenever possible. Witnesses who testify willingly are more likely to prove helpful to your case.
In This Article:
- What Makes a Witness Hesitant to Get Involved in an Injury Case?
- How Our Attorneys Engage Reluctant Witnesses
- How Partner Scott Occhiogrosso Secured a Crucial Witness Who Was Unwilling to Testify
What Makes a Witness Hesitant to Get Involved in an Injury Case?
When we need to engage an apprehensive witness, we start by considering why the witness is unwilling to get involved. Often, his or her reasoning is very understandable.
- Fear of Losing Employment: Fear of retaliation from an employer ranks among the most common reasons for a potential witness to stay quiet. This is especially true in construction accident cases, where a client’s coworkers might be under heavy pressure not to testify in order to keep their jobs.
- Strained Relationships: If a potential witness has a personal relationship with the accident victim, any strain on the relationship could make the witness reluctant to testify. For instance, a friend or family member of the accident victim might refuse to testify after an argument, or a former partner might be resentful after a breakup.
- Anxiety About Legal Issues: Many potential witnesses are anxious about interacting with legal professionals or anyone they perceive as related to law enforcement. Whether they are undocumented immigrants, have a criminal record, or are simply frightened of an unfamiliar situation, they may feel their lowest-risk option is to stay quiet and uninvolved.
Lawyers who are not experienced in engaging witnesses may make the problem worse by trying to force the issue. They might stress their ability to serve a subpoena if necessary, causing the potential witness to shut down even further. Or they might talk over a witness’s head, using complex legal terminology to sound intimidating.
An experienced trial attorney knows that the best results are obtained by helping each witness feel comfortable. Many of our witnesses — like many of our clients — have never been involved in a personal injury trial before. With this in mind, we treat witnesses the same as our clients: with empathy, humility, and respect.
How Our Attorneys Engage Reluctant Witnesses
Getting a witness to help with a case can take a lot of time and patience. Our attorneys find that it’s best to build trust one step at a time.
Talking to the Witness
Initially, an attorney simply speaks to the potential witness, attempting to get his or her side of the story firsthand. If an attorney gains helpful information from this conversation, a good next step is to ask the witness to help prepare and sign a written statement, attesting to its accuracy. This both supports your case and prepares the witness to potentially be involved in the trial process.
If the initial conversation took place over the phone or by video call, signing a written statement creates a reason for an in-person meeting between the witness and your attorney. Though it may seem like only a small step forward from the initial conversation, meeting in person gives your attorney an opportunity to build trust and helps the potential witness to see him or herself as part of a positive solution.
Preparing for Deposition
From there, your attorney will need to prepare the potential witness to be deposed — that is, closely questioned by the other side while under oath. Deposition is an intimidating process for clients and witnesses alike, and no one should go into a deposition without knowing what to expect. We prepare witnesses for deposition as carefully as we prepare our clients.
Remaining Transparent
Additionally, our attorneys strive to be transparent with witnesses, answering questions they may have about the case and communicating candidly about the trial process. Often, a witness’s reluctance is caused by fear of the unknown. By familiarizing them with the process and circumstances, our attorneys take away some of the powerlessness that witnesses feel when they find themselves involved in a personal injury case.
How Partner Scott Occhiogrosso Secured a Crucial Witness Who Was Unwilling to Testify
A particularly complex case our firm handled, which settled for an undisclosed amount, hinged on the testimony of just one person — a coworker of our client who witnessed his accident from the ground.
While working for an iron subcontractor on a pier renovation in Manhattan, our client was forced to deal with a complex century-old chain pulley system. The system was used to open a set of enormous steel doors made up of rising panels, which operated much like a set of window blinds. When our client followed instructions to cut a chain, a counterweight fell, causing the door to go up. Our client, pinned against an iron soffit at the top of a door frame, was left completely paralyzed from the neck down.
We knew that a certain coworker of our client, who had seen the entire accident as it happened, would be our most important witness in the case. However, this coworker was reluctant to testify because he was an undocumented immigrant. Partner Scott Occhiogrosso, who handled his case, devoted himself to getting this witness on board. He spent hours speaking to him on the phone, asked him to come to our office, and then invited him back on several occasions.
The most important step Occhiogrosso took toward securing this witness was helping him to understand his rights. Once he knew that he didn’t have to answer any questions about his immigration status, he was able to set aside his fears and make an honest effort to help his coworker. He provided witness testimony at a deposition, allowing us to achieve the resolution our client needed.
The attorneys at Block O’Toole & Murphy serve all five boroughs of New York City as well as the entirety of New York State. Contact Block O’Toole & Murphy to receive a free legal consultation by calling 212-736-5300, or by filling out our online contact form.