When you prepare a witness list it is important to understand the variety of witnesses that should be included. Many times when we ask our clients about witnesses, we are told that there were no eyewitnesses to the incident. This is becoming a more common problem with corporate downsizing that forces employees to do everything from switching to track repair by themselves. Use the following list to assist you in identifying potential witnesses.
Person(s) who may have knowledge of an unsafe condition which may have caused the incident.
A co-worker, citizen, union representative, or anyone who may be aware of an existing problem that has not been acted upon or repaired.
Person(s) who may have knowledge of any complaints filed about an unsafe condition.
A Union representative, Safety Committee member, or co-worker who may have complained or know someone who has complained about an unsafe condition.
Person(s) you may have talked to after the incident.
Someone besides company officials you told about your accident after it happened. Including, but not limited to, family, friends, co-workers, emergency workers, and/or police officers.
Person(s) who saw the incident.
Eyewitnesses to the incident.
Person(s) who may have knowledge of car or equipment numbers involved in the accident.
A fellow crew member who may have reports, lists, or other information about any equipment involved in your incident.
Person(s) who has experience on the job you were doing when you were injured.
Someone who can give an opinion about the way the job was being done and whether or not it was being done in a safe manner.
Person(s) who know you personally and/or socially.
Someone who may have knowledge of the daily pain and suffering you experience while recovering from your injuries. A person who you fish, hunt, or play golf with, who can talk about any inability you may have in dealing with the social events you normally enjoy doing.
We must be able to present all aspects of damage and liability through the information we gather from you and the people who may have knowledge of your incident and injuries. Witnesses come in all shapes and sizes and have different bits of information that can play a role in the outcome of your case. The more people we can talk to on your behalf the better, as they will often provide avenues of information you may not think about. We can then use all the information gathered to develop a strong viable complaint to present to the Court and jury. Be sure you get the name, address, and phone numbers, of all potential witnesses immediately.