Settling a personal injury case is never as simple as stating your version of the events. Every case needs strong evidence, especially when liability is disputed or the damages being pursued are substantial. In these situations, witnesses can provide testimony that clarifies the facts and explains the technical details. Below, we’ll cover the common types of witnesses that may be involved in a personal injury case and how they can affect its outcome.
Types of Personal Injury Witnesses
There are several types of witnesses in personal injury cases, each with their own unique role. These include:
Eyewitnesses
An eyewitness is a person who saw the event that took place. It could be a pedestrian who witnessed a car collision, a coworker who saw a workplace injury happen, or another driver who observed a truck running a red light. Eyewitnesses can give firsthand accounts of the events, and confirm details that may otherwise be disputed, such as the speed of a vehicle, the conditions at the scene, or the actions of the people involved.
Expert witnesses
An expert witness is typically a professional who has specialized knowledge of the type of scenarios that apply to your case. This may be a medical professional who understands how your accident may have injured you. Or it could be an engineer or safety expert who can testify about defective products, building code violations, or unsafe working conditions. Regardless of the type, expert witnesses can not only provide opinions on how the incident may have affected you, but also back up their statements with scientific explanations and data.
Character witnesses
Character witnesses are individuals who can speak to your credibility, habits, and how your life has been impacted since the accident. This could be family members, close friends, coworkers, or even community members. Their testimony can be especially important when your case involves high-value non-economic damages like pain and suffering or loss of enjoyment of life. They help humanize your claim and make the impact of the accident more relatable to a judge or a jury.
How a Witness Can Strengthen Your Personal Injury Claim
While the specific role of a witness may vary depending on the type and case, the goal in utilizing them is always the same. Witnesses help show how your accident may have happened and confirm your version of the events, so that your arguments have better standing during settlement negotiations.
For example, an accident reconstructionist could use scientific analysis to explain how vehicle damage patterns match your version of the crash. Similarly, a brain injury expert witness could walk mediators through MRI scans and explain why your injuries will require long-term treatment. This helps turn your case from a “he said, she said” dispute into a compelling narrative backed by multiple credible voices.
Can a Witness Harm Your Case?
Unfortunately, yes, which is why choosing the right witnesses is just as important as seeking them out in the first place. Witnesses who are biased or not credible can cause more harm than good because they may create doubts about what truly happened. This is not always intentional, particularly when it comes to eyewitnesses, who may simply forget the details of the event over time.
One of the main benefits of hiring a personal injury lawyer is that they can interview witnesses ahead of time and determine whether or not collecting a statement from them would be beneficial to your case.
How Do You Find Witnesses After an Accident?
Locating witnesses to make statements on your behalf ideally starts immediately after the accident occurs. If it’s safe to do so, you should exchange contact information with any bystanders who saw what happened. You can also ask them to make a brief statement over a video recording so that the details of the accident aren’t confused later on.
If you’re unable to talk to eyewitnesses when the accident occurs, your lawyer may be able to locate them through information in traffic reports or media statements. If an expert witness is needed for your case, a lawyer will often have connections with those who can bring relevant knowledge.
Witnesses who are biased or not credible can cause more harm than good.
What If There Were No Eyewitnesses?
In some cases, there may be no eyewitnesses, or they may be difficult to locate. While this doesn’t mean that you don’t have a viable case, it does make things more challenging. If you are unable to use eyewitnesses in your case, your lawyer can help you find alternatives.
One option may be to build on other forms of evidence, such as medical documents, surveillance footage, photos and videos, and traffic reports. Another may be to utilize character witnesses who can speak on your injuries and the effect they’ve had on your daily life, or to hire expert witnesses to demonstrate how the accident may have occurred.
Need Help After an Accident in Chicago? Let’s Talk
As we’ve explored, the importance and the effectiveness of witness testimony cannot be overstated in personal injury cases. Regardless of the type of witness who speaks on your behalf, the right testimony can make all the difference in demonstrating the details of the event and securing full and fair compensation.
But just as important as enlisting the help of a witness are the lawyers who locate and prepare them. At Power Rogers, we understand the value of utilizing witness statements and the rigorous process involved in presenting them. We also maintain relationships with some of the most highly credentialed experts in Illinois who can give your case a better chance at success. If you’ve been injured, contact us today to learn more.
