The Importance Of Your Evidence
"Evidence" is anything the judge allows a jury to consider in reaching a verdict. This can include the testimony of witnesses, photographs of the scene and "demonstrative evidence" such as charts or sample equipment. The evidence heard by the jury is the most important factor in determining whether or not you will win your lawsuit and if so, how much compensation you will receive.
Whether you win or lose your injury case often rests on who gets to the evidence first, your attorney or the railroad.
For example, a switchman who was making a cut of cars had the pin-lifter come loose and he fell to the ground wrenching his back. The switchman has two choices:
- He could fill out his accident report and attempt to negotiate a settlement with the railroad, and after failing to obtain a reasonable settlement call a lawyer; or
- Fill out his accident report and immediately call his attorney to begin an investigation on his behalf - rather than the railroad's.
If he chooses not to immediately hire an attorney to conduct an independent investigation, the railroad is busy fixing the defect in the car and trying to get statements from other railroad employees which favor the railroad and are unfavorable to the injured switchman. During this same time, the switchman is seeking medical attention for his back and negotiating with the claims department.
If the switchman cannot settle with the claims department, by the time he hires a lawyer it is no longer possible to photograph the defect. All of the witnesses that otherwise might be favorable are locked into sworn statements that do more harm than good. The evidence now belongs to the railroad.
Fortunately for our switchman, he contacted us as soon as he was injured. Lawyers of LakinChapman flew a firm plane early the next morning, and photographed the car while the defect still existed. Statements of the witnesses were obtained before the railroad had gotten in touch with the crew, and the witnesses were able to discuss the obvious defect. The evidence in his case consists of clear photographs demonstrating the defect as it existed on the day of the accident together with witness statements that were favorable to the switchman's position. Now the switchman, through his attorney, is in a position of strength when dealing with the claims department.
Put yourself in the place of the jury. In which of these situations are you more likely to side with the switchman? Put yourself in the position of the claims department: why do you want the injured man to deal with you before he hires a lawyer? Put yourself in the switchman's place: whose interests does the claim agent have in mind when he deals with you?
The answers to these questions are obvious. Even if you never need to hire an attorney to represent you, even if you are successful in negotiating the settlement of your case with the claims department, it only helps to call your lawyer first and make sure the evidence reflects the truth.
If you've got a serious injury, and you cannot resolve it with the claims department, make sure you have your evidence - not the railroad's. Contact LakinChapman, 1-866-839-2021.
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