There can be certain situations in life when personal harm can take place to any person with or without intention. Be it a workplace mishap or medical negligence, personal injury is a serious matter that should not be taken lightly. Keeping this in mind, it is imperative that you have a few witnesses who can speak in your favor in case of a personal injury suit. This is because their testimony can play a key role in proving your personal injury claim. As a result, you will be able to get compensation owed to you by another individual or organization. Moreover, it is suggested to consult a personal injury attorney who will be able to guide you through this process in the right manner. Mentioned below are important factors related to the role of witnesses in a personal injury lawsuit.
Importance of a Witness
The capacity of a witness in a personal injury case is making a statement in the presence of attorneys from both parties and/or jury. The insightful testimony given by a witness can help in strengthening your case to a great extent. Here are two types of witnesses that you can be helpful in a personal injury suit:
Also known as eyewitness, this is an individual who has seen an injury take place in front of their eyes. Whether you were administered wrong medications or or got hurt by merchandise in a retail store, their observations will be useful in making your case stronger. Some people presume that the role of eyewitnesses is limited. But in reality, in-depth information provided by this type of witness can affect the verdict immensely.
Witnesses who have prior knowledge, experience, or expertise in a specific field are called in to provide their testimonials in a personal injury lawsuit. These are people working as accident reconstruction experts, engineers, medical practitioners, highway safety specialists, and the like. Expert witnesses are hired by personal injury attorneys who have the right amount of experience to win your lawsuit.
To say that one witness is more valuable over the other is not valid. This is simply because both types of witnesses can provide valuable information about a personal injury case.
When You Do Not Know the Witness
If you get injured in a public place, the chances of a few people witnessing are very high. In such a scenario, you should be able to find one individual who will be ready to make a statement for you. The following pieces of information must be noted down immediately:
- Name, address, and contact information of the observer
- Testimonial of the accident in their own words
- In case they do not feel comfortable, you must write down the incident and ask them to sign it
When You Know the Witness
In most accidents, there is one or two people accompanying the person who has been injured in a workplace or public area. Taking this into account, it is recommended to prepare them before filing for a personal injury lawsuit. For this purpose, here are some useful steps:
- Ask them to speak about the accident that they witnessed
- Help them in remembering key details about the location of the accident, people involved, time, and duration
- Write down their testimonial and get it signed in case they need to travel in the near future
- If they are available to appear in court, then make them feel as comfortable as possible. Pressurizing witnesses to speak in front of a judge is not a good practice.
Things to Remember as a Personal Injury Witness
In your everyday life, you might observe an accident taking place in an official setting, public place, etc. The following five points will help you understand your role as a witness:
- Help the individual who has been injured by providing them with medical assistance
- Provide your name and contact details in case this person wishes to file a personal injury lawsuit
- Try to click photographs of the incident, especially when it happens with your friend, colleague, or family member
- In a serious accident, the right move would be to write down your observations immediately. You can also make a voice memo on your smartphone as it will help in proving the personal injury later.
- Show up in court as and when needed. It will be a huge blessing for the person who has suffered from a personal injury to get their due compensation.
In case you know someone, who has faced this legal issue, they can reach out to our personal injury experts at Siler & Ingber on 516-294-2666.