How Important is Witness Testimony in a Personal Injury Case?

If facts are disputed, fact and expert witnesses may make or break your case. If the parties agree on a case’s basic facts but do not agree on a case’s settlement value, witnesses may not be so critical.

What is the Role of Witnesses in a Personal Injury Claim or Lawsuit?

Witnesses can testify about relevant facts in a case. They must have first-hand knowledge of the facts but can also be asked about statements a party made concerning the case. Witnesses could:

• Give a sworn affidavit, which is a statement made under oath
• Testify at a deposition, which is part of the discovery process before a trial. Both parties’ attorneys can question witnesses under oath to obtain all the relevant facts about issues important to the case
• Testify at a trial, under oath, while being questioned by attorneys for both parties in court. A judge may ask questions as well. Most cases settle, so this is the less likely scenario for witness testimony

The parties to a lawsuit can also give sworn  affidavits and testify during a deposition or trial.

These witnesses can be critical if the circumstances surrounding  an accident or how the plaintiff has been affected are disputed. The fewer connections they have to a plaintiff (they don’t know them and happen to be at the accident scene), the more credibility they have because they may be seen as having fewer reasons to be biased.

What Can Witnesses Testify About?

There are fact and expert witnesses:

• Fact: These people saw or heard something relevant to your case and are sharing their experiences. It could involve how a person drove before an accident or your physical and mental health before and after the accident. A spouse may testify about how your injuries impacted your marriage. A treating physician can discuss your medical treatment and progress
• Expert: These are witnesses who qualify as experts in their fields. They may be medical and mental health experts who can give opinions about your physical suffering, progress, future health, treatment, and rehabilitation you may need. A vocational expert could provide an opinion on your injuries’ impacts and how they limit your ability to work and earn money currently and in the future. An engineer may study and recreate the accident to testify about what happened, why, and who’s at fault

You, the plaintiff, and the defendant – – the party being sued – –  can also testify about the accident and how it happened. You can describe your physical, mental, and financial health prior to and after the accident.

How Important is How a Witness Testifies?

In addition to what’s said, how it’s said may also make or break your case. Some people handle being witnesses better than others. Some hate being the focus of attention. Others are calm and confident no matter who they talk to.

Each side has a story to tell. Your story will be the defendant caused the accident and your injuries. The defendant’s story may be it’s your fault, or the two of you share fault, and your injuries are exaggerated. Witnesses can be key characters in telling these stories.

Attorneys, judges, and jury members may find witnesses more or less credible. They may be nervous and change their stories. Their body language may signal  they’re not telling the truth. A witness may be so emotionally upset that they have difficulty keeping themselves together.

A defense attorney may be very aggressive (it’s our job to ensure they don’t harass or bully one of our witnesses) and try (maybe successfully) to break down the witness’ credibility. A witness must be prepared and able to adjust to this situation.

A strong case on paper may have a much lower settlement value if fact witnesses present problems and make a trial riskier.

It is also essential how an expert witness testifies. We retain people who are experts in their field and experienced communicators. Our experts write reports and testify as needed. They have experience testifying and have dealt with defense attorneys who may try to pick apart the facts they found and their opinions.

Speak To a Car Accident Attorney Today

Personal injury cases don’t just appear. Satterley & Kelley PLLC lawyers will do the necessary work to make yours as successful as possible, including identifying, choosing, preparing, and questioning your witnesses. We also ask tough questions of the defendant’s witnesses to put a positive light on your claims.

If you’re severely injured in a Kentucky accident, we are your boots on the ground. Call Satterley & Kelley PLLC to speak with a skilled personal injury attorney today. Call our Louisville office toll-free at 855-385-9532 or complete our contact form to get started.