Legal Question in Personal Injury in New York
What are my options towards witness?
The other insurance company says that there is a witness that was not on the police report but claims to have seen the accident.How can I find out from the other insurance company if there is a ''witness'' at all?
If there is a ''witness'' and I know for a fact that he/she is lying,can I sue this person for providing falsified information and the emotional stress that this has brought to me? It is bad enough when a person sustains injuries,has surgery and may need additional procedures performed.Mentally,pain for over a year can take on a mind of its'own.Physically it is a constant reminder of the accident,which is extremely difficult to get out of my head.I can barely sleep at nights;not to mention my symptoms are getting worse even though I recently had another epidural.
Please tell me that some type of order can be filed against this ''supposed'' witness.
What if I find out that there was no ''witness'' and the insurance company just used that as a point of leverage,to see if I really sustained injuries?
Please tell
3 Answers from Attorneys
Re: What are my options towards witness?
What does your attorney say? I will not second guess him or her.
If you are not represented, feel free to contact me for a free consult.
Good Luck
RRG
Re: What are my options towards witness?
From your question it is unclear what stage your case is in, which makes a difference in terms of discovery. If you have already filed a lawsuit, then the name and address for this "witness" can be obtained by your attorney through the discovery process if the defendant/insurance company will be relying on this witness to support its theory regarding the cause of the accident. You then can have a non-party deposition of the witness and have your attorney question him under oath. If you have not already retained an attorney, I suggest you do so and discuss in further detail all of your options. If you like, I am available to speak and/or meet with you to discuss this further, as this is an area of law my firm handles. Thank you and best of luck.
Re: What are my options towards witness?
You have a right to be apprised of the names and addresses of witnesses. It is extremely unlikely that the insurance company is "making up" a witness, however just because a "witness" exists, doesn't mean that the witness has any credibility. If you are not represented by counsel, it would be a good idea for you to find an attorney who can assist you in dealing with the insurance comapny, I can assure you that with an attorney, the other insurance company will take your claim more seriously.
Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
