Eyewitnesses can provide critical evidence concerning how an accident occurred, what conditions existed beforehand, and what the plaintiff said or did immediately afterward. Their cooperation, however, should not be assumed. Employees change jobs, contractors complete their work, memories fade, and previously cooperative witnesses may become difficult to locate once litigation begins.
Scott Brody and the attorneys at Brody Law Group, PLLC work to identify potential witnesses at the earliest opportunity. Incident reports, daily logs, sign-in sheets, payroll records, delivery documents, photographs, surveillance footage, emergency records, and project communications may reveal individuals who observed the event or encountered the plaintiff shortly afterward.
Early contact should determine what each witness personally knows. A witness may have observed the entire accident, only its aftermath, the condition before the incident, or a conversation with the plaintiff. Separating firsthand observations from assumptions and information supplied by others helps preserve a reliable account.
Scott Brody recognizes that cooperation is more likely when the process is professional and convenient. Witnesses should understand who is contacting them, why their information matters, and what may be expected later. Accurate contact information—including personal telephone numbers, email addresses, and updated employment information—should be maintained because a work-issued contact may become useless after the project ends.
A contemporaneous signed or recorded statement may preserve details before recollection deteriorates. The statement should use the witness’s own words and address location, sightlines, lighting, noise, timing, conversations, and any obstruction affecting the ability to observe. Investigators should avoid leading questions or language that could make the account appear coached.
Brody Law Group, PLLC compares witness accounts with surveillance footage, photographs, physical evidence, incident documentation, medical records, and testimony from other participants. Material inconsistencies should be identified early so that additional investigation can occur while the evidence remains available.
Scott Brody remains focused on establishing respectful, reliable contact with eyewitnesses so their testimony remains available to risk managers and claims adjusters throughout discovery, dispositive motion practice, settlement negotiations, and trial.