Forgetful Witnesses
Posted Monday, April 6, 2015 by Chris Thayer
A Seattle accident lawyer will discuss each important aspect of the case with you before your trial. One such aspect is that of a forgetful witness.
It is easy for a lawyer to identify a forgetful witness; he or she only needs to count the number of times the witness claims that he or she doesn’t remember. While it is perfectly acceptable to answer in this manner when it is true, it is dishonest when this statement is not the real truth. Here are a few ways that Seattle accident attorneys handle forgetful witnesses.
Assess Credibility
A personal injury lawyer can have a good sense as to whether the witness is lying by evaluating the other questions that he or she has asked. If the statement that the witness does not remember is consistent with the witness’ other answers, the lawyer may attempt to refresh the witness’ recollection.
Refresh Recollection
If the accident lawyer believes that the witness truly does not remember, he or she may attempt to refresh the witness’ recollection. For example, he or she may discuss something that another witness said to see if the witness agrees with it or not. Likewise, the attorney may present a document, picture or other form of evidence that may help trigger the witness’ memory. The lawyer may specifically ask if there is anything that would help refresh the witness’ memory. When finished with this analysis, the accident lawyer asks the witness if the information refreshed his or her memory.
Ask Other Questions
Another method that a personal injury lawyer may employ to refresh a witness’ memory is to move away from the subject for a moment in order to ask other questions. The other questions may be related to the same issue but may illicit a different response. Once the questioning circles back to the question that the witness was having trouble remembering the answer to, the lawyer finds that the other questions may have jarred the witness’ memory.
Legal Assistance
If you would like more information on other strategies that a Seattle accident lawyer uses when dealing with forgetful witnesses, contact Chris Thayer by calling (866) 884-2417.