The Power of Witness Statements for Your Personal Injury Case

A witness is anyone who happens to see, hear, or experience an event. They are often called upon in personal injury cases to testify to what they observed. Now, if you’re thinking about whether witnesses are essential for your case, they absolutely are. Why? These individuals can give clear, neutral narratives of the events surrounding your accident, helping the court establish facts related to liability. Keep reading to learn the different types of witnesses and the roles they play in personal injury lawsuits.

Types of Witnesses in Personal Injury Lawsuits 

“When a witness testifies to the circumstances and factors surrounding your accident, it can add credibility by corroborating your version of events. They’ll let the court know what happened, who was involved, and where it happened, all of which can tip the scales in your favor,” says personal injury attorney Charles W. Whetstone, Jr. of Whetstone Perkins & Fulda.

But witnesses are not all the same. There are different types, each of which brings different levels of influence to your case.

Eye Witnesses 

Say you tripped and fell at the grocery store while doing Thanksgiving shopping. It’s more than embarrassing. It’s painful, requiring immediate medical attention because you suffered a broken hand. While evidence of medical treatment is still important, your suit will benefit greatly from eyewitness testimony. So, did anyone see it happen? Maybe somebody else was picking items in the same aisle as you, and they witnessed the whole thing.

This person is referred to as an eyewitness, and you can use their testimony in any kind of personal injury case, be it a car accident, animal attack, medical malpractice, or even workplace injury.

Character Witness 

Looking at our example above, the defendant, who in this case is the grocery store owner, may argue that your allegations are a bit over the top, claiming that you broke your hand elsewhere and not at the store. In this case, a character witness, maybe a long-time friend or neighbor, can testify to your reputation for honesty and reliability. Unlike an eyewitness, this person is not here to tell the court anything related to the facts of the case. Their testimony influences how the judge or jury perceives you or, depending on the situation, the defendant. They testify to the “character” of a person involved in the legal matter.

Expert Witness 

An expert witness brings a whole different type of testimony to your case. This will likely be someone who has skill and experience in a specific field, say medicine, accident reconstruction, and even crime. Their expertise puts them in a position to help the judge or jury understand specific aspects of the case. For example, an accident reconstruction expert will describe how the crash happened based on their investigation, helping the court understand the party that will be on the hook for settling damages.

Tips for Working With Witnesses 

By now, you know who a witness is and the role they play in personal injury cases. But enlisting these individuals can be challenging because there are several considerations that you must first put in mind:

• Credibility: Your witness should be an impartial person. They shouldn’t have any personal stake in your case because this can tarnish their credibility, rendering their testimony irrelevant.
• Relevance: If it’s not clear by now, the testimony should be relevant to the case. You wouldn’t work with an eyewitness who didn’t see what happened, the same way you can’t hire a doctor as an expert witness to analyze braking failures in a truck accident.
• Preparedness: It’s you and your lawyer’s job to prepare your witness to take the stand, and if they are a no-show for the deposition or trial, that’s on you, too. Your attorney will spend time with this person, sometimes even holding mock sessions for them to have a feel of what’s to come.

Conclusion

A witness may make or break your case. If their account coincides with available evidence and your testimony, it increases the odds in your favor. Plus, their testimony brings a human aspect to your case, something that can’t be achieved using reports and concrete evidence.