Deciding Whether to Call a Witness–Tricky Business

Sometimes the decision whether to call a particular witness is difficult. Clients may feel that the witness in question adds a great deal to their story.

For instance, they believe that calling a relative to confirm that they are a good person and credible will increase their chances of success. That may well be the case if the relative had an opportunity to interact with them immediately following the accident or can give firsthand information about their abilities either before or after the accident.

However, if the relative has not been in close contact with the injured person for some years the utility is questionable. While the relative certainly could testify that the injured person had been the favorite childhood cousin, it is doubtful whether the relative would offer anything that would truly be helpful to the jury or, for that matter, would in fact be admissible in the case.

It is important to carefully consult with your attorney about potential witnesses who may add value to your claim. While common sense is important it does not always dictate who should be called. Common sense must be balanced against the rules of evidence.