Preserving Witness Testimony After a Missouri Accident

Following accidents, an accident attorney often takes certain steps to build as strong a legal strategy as possible and maximize an accident victim’s chances of obtaining compensation. In nearly all cases, having testimony from witnesses who saw what occurred can prove invaluable in obtaining the best possible result.

If you or a loved one was injured or otherwise harmed in a crash, a witness can provide testimony that supports your version of how the accident happened. In situations in which the cause of a crash is uncertain, witnesses can also speak to the cause of a Missouri accident.

Why Preserving Witness Testimony is Critical

Preserving witness testimony is critical for many reasons. Injury cases routinely take time to resolve, particularly if a case proceeds to trial. If a case reaches the discovery phase, witness testimony can play a critical role. When a substantial time has elapsed between the date of the accident occurred and when a witness receives the opportunity to provide sworn testimony, the witness might no longer remember precise details about the accident.

In some situations, the witness who offers testimony is a person who has been involved in a crash and incurred serious injuries or who can no longer provide testimony during deposition or trial. Receiving a witness statement promptly in these situations and preserving the statement can prove pivotal to the outcome of a case.

Sometimes a witness is from another state or country and is not around at the time that the trial occurs. Preserving testimony in these situations might be critical if the witness is not physically present.

How Accident Lawyers Commonly Preserve Witness Testimony

Accident lawyers common preserve witness testimony in one of two ways:

Affidavits are signed, sworn statements from a person. Lawyers often request eyewitnesses sign affidavits recounting what they saw occur in an accident. These statements then become part of an official case record. Lawyers can then review affidavits at a later date to decide whether an individual’s testimony is vital in a case.
Depositions are verbal question and answer sessions performed under oath that is recorded and filed as part of a case record. The primary difference between affidavits and depositions is that depositions are performed only during discovery while affidavits can be requested and signed at any time during a claim. Affidavits and depositions both provide accident lawyers with the chance to assess whether a witness is being truthful.