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The Turley & Mara Law Firm, APLC

The right evidence needed to win your Defense Base Act case.

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“Decide what you stand for. And then stand for it all the time.”
― Clayton M. Christensen

America's Leading Expert on the Defense Base Act

"I don't pull punches. If you want beating around the bush - you have come to the wrong place.  If you want brutal, frank  truth, no matter what - then pull up a seat." DBA Lawyer - Bill Turley

When new lawyers join our office one of the first things I always do is sit down with them and talk about how you win a Defense Base Act case.

And you know what?

It always starts with evidence.  A DBA case is a court case. You are going to need persuasive, compelling evidence to win. I tell them, to begin with, you have a client (read: YOU) that is telling the truth.  Corroborating witnesses are always good.  In addition, documentary evidence is also very, very helpful. In other words, it's all about the evidence. That is our job. Getting the evidence you need to win. But guess what?  Your job is to help us gather the evidence.  I realize some folks can help more than others. But the more you help, the better chances you are going to have.

My name is Bill Turley. My law firm is one of the top two largest DBA law firm in the world that represents seriously injured overseas contractors and the largest on the West Coast.  If you haven't got a free copy of my 5 STAR book - Win Your Defense Base Act Case - you are REALLY MISSING out. Check out all of the 5 STAR REVIEWS HERE.  I strongly suggest you read my 5 STAR book BEFORE you sign any forms, give any statements, talk to the DBA insurance adjuster or even hire the wrong lawyer.

Let's talk about the evidence needed to win your DBA case.

One of the first things both an insurance company and an attorney will examine in a Defense Base Act (DBA) case is the official injury report filed by your employer, known as an incident report. This report contains a lot of pertinent information in your case, including the date of your accident, details of the injury, time the report was filed, and the steps that were taken by the employer after the injury. While you should definitely include your incident report as evidence in your DBA claim, it is only one document among many in a strong DBA case.

Evidence That Can Help Your DBA Injury Case

The more evidence you present to your attorney, the greater the chance of a favorable outcome in your DBA case. A few good ways to corroborate your injury case include:

  • Photos. You should always document the effects of your accident and the progression of your injuries with pictures whenever possible, and email the photos to yourself to prove when the photos were taken. If you did not take pictures yourself, hospitals may have their own photographs of bruises, bleeding, stitches, and scars.
  • Emails. Email records are much better evidence than phone calls, as most phone conversations are not recorded and are up to interpretation by the court. Emails are time stamped and dated, and are a way to prove what was or was not said by your employer or insurer. Be sure to save both the emails you sent to the company as well as those that were sent to you.
  • Witness statements. In addition to contacting people who saw the accident, you should gather statements from those who saw your injury during your recovery. You can ask them to send you an email or a written letter with their recollection of events, and ask them to describe what happened afterward. They may have seen you limp, saw what caused you to trip, and other details you may not remember.

If you do not have a copy of your incident report or you failed to report your injury, you should remedy the situation as quickly as possible. Read through our free book, DBA Resource Guide, for more tips on collecting evidence and building your strongest case.

1 Comments:
You mentioned email records. If the employee were no longer with the company but asks them for email records being produced and submitted as employee's evidence, does employer have the right to refuse, citing company's non-disclosure policy and confidential agreement signed by employee when hired? Is it legal if employee forwarded email between employee and co-workers and between employee and former supervisor to personal email account? Can employee print them and submitted as evidence? Thank you!
Posted by Trish Nguyen on January 14, 2017 at 04:25 PM

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