Witness testimony can dramatically increase your odds of recovering reasonable compensation for the damages you sustain following a car accident. But sometimes, an important witness may not be willing to testify at your trial. With a car accident lawyer in LA by your side, you can convince this witness to testify for you.
A great attorney is ready to guide you through the process while protecting your case’s value. As you deal with a witness who does not want to testify during your accident case, there are legal options you can explore.
Can a Subpoena Be Issued to a Reluctant Witness?
Because a subpoena is a part of the legal process when a lawsuit is filed, witnesses to car accidents can be issued one. But you must understand what a subpoena is for before you establish whether issuing it applies to your case. During a legal proceeding, written subpoenas, deposition subpoenas, and subpoenas to produce evidence can be issued.
Issuing a witness subpoena means the subject of the subpoena should appear in court to testify for a party in the lawsuit. A deposition subpoena requires the witness to appear at a question-and-answer session. Failure to comply with a subpoena could face serious legal consequences apart from being held in contempt of court.
How Your Lawyer Can Handle a Reluctant Witness
If an accident witness does not want to give testimony, your attorney can take several steps. First, they must establish how strong the testimony of the witness is. For instance, a pedestrian might have witnessed the aftermath of the accident. Although the testimony of this eyewitness may help establish your medical condition after the accident, your doctor’s testimony, together with your medical records, may be enough proof.
Thus, the testimony of the eyewitness may not be as compelling as the testimony of other witnesses who saw the entire accident. Meanwhile, the testimony of the at-fault driver’s passenger may be more powerful than that of the eyewitness.
Your attorney will determine the reason the witness does not want to testify and try to reason with them. For instance, a witness may be hesitant because they are afraid of retaliation. Your accident lawyer may explain the legal repercussions the negligent party could face when they retaliate against the witness. Your lawyer will build a strong case for you, so they have to get a key witness to give their testimony in court.