I suffered a severe shoulder injury in a Slip & Fall incident at a nationally recognized truck stop. My injury required surgery and due to be 69 years of age, I have not been able to return to work. I filled out an accident report the day of the injury. On this report I wrote that I was hurt bad and in a lot of pain. I asked for a copy of the report but was told that I would have to get it from their corp. HQ. During the discover phase we received a copy of what they say is the accident report. The verbiage had been changed to read, "I slipped and fell in the shower but I'm okay". My forged signature was on the form. My attorney says this stuff is not relevant to my case. I personally engaged a renowned forger expert to examine the signature the form and compare it to my signature. He said that there is no doubt it is a forgery and a bad one at that. He said a 3rd grader could have done a better job. he will be more than happy to testify to this in court. My attorney still insists it is not relevant. This case will come down to credibility due to there being no witnesses. They will use this altered accident to hurt my credibility by saying I said I was okay and then reported to the ER two days later. I believe we should use it to expunge their testimony. I also believe this is a classic case of Spoliation of Evidence, Altering a Document and Forgery. I am contemplating changing attorneys. Any constructive comments on what my options are would be appreciated.
1 Answer from Attorneys
You should get a n ew attorney. The document is relevant for at least two purposes: 1) To destroy their case defense and 2) to give rise if possible to claim for punitive damages