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How to Protect the Witnesses Who Saw You Fall

Even as you lay on the ground after your fall, you were aware of others around you and were grateful that they were there. They may have been the ones to get you medical help and to stay with you until help arrived. They were there when you needed them most, but your need for them may not have ended when the paramedics arrived.

How You Treat the Witnesses to Your Accident Matters

You should not try to tell a witness what she saw or influence her to tell a certain story about your slip and fall accident. Instead, you want the witness to be able to share what she saw with your lawyer and potentially with the court. Accordingly, it is important to protect this type of witness evidence by:

  • Getting the witness’s contact information at the scene. This is particularly important if you did not know the witness prior to your fall. If he or she was a stranger, then make sure you have the person’s full name, phone number(s), and email address before you or the witness leave the scene of the accident.
  • Not harassing the witness after the accident. After the accident, you should share the witness’s contact information with your lawyer and let your lawyer explain the witness’s role in the case. You do not need to contact or harass the witness. You do not want the witness to become confused, annoyed, or unwilling to cooperate with you.

Think about how you would want to be treated if you witnessed someone else get hurt in a fall and think about how your instinct would be to help the victim. The person who witnessed your accident likely feels the same way and may be willing to help with your recovery if she is treated right.

Jason F. Abraham
Managing Partner, Hupy and Abraham
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