How Witness Testimonies Can Affect the Outcome of a Personal Injury Matter

How Witness Testimonies Can Affect the Outcome of a Personal Injury Matter

Evidence is central to every personal injury claim. The potency of your evidence will determine the outcome of your case. That is why personal injury victims and their attorneys exert energy on gathering evidence. 

“Witness testimonies are an essential part of evidence in personal injury claims. They give a clearer perspective on how the incident occurred. Juries and judges value witness statements because they provide objective narratives of events, which are critical to properly deciding a case,” says personal injury attorney Donald Soloff of Soloff & Zervanos, P.C.

This article discusses how witness testimonies can influence the outcome of a personal injury issue:

The Importance of Witness Testimonies in Personal Injury Cases

Witness statements support or contradict claims made by the parties involved in a personal injury case. Witness testimonies are given by those present at an accident scene. Juries and judges value their narratives because they were at the scene and saw how the events turned out. 

However, a witness’s testimony must be consistent to be credible. You will jeopardize the credibility of your narrative when you keep contradicting yourself. When a witness provides a credible statement, it can significantly influence the outcome of a case. 

Credible witness testimonies help to establish the facts in a case. When you listen to a witness’s account, you can know what actually transpired in a case, how, and when it happened. Even as a participant in the incident, you may not have an accurate account like an eyewitness. 

For instance, if your car somersaulted due to a headlong collision, you might not know the number of times it did. However, a witness can tell you the number of times it somersaulted. The courts need witness statements to affirm or dispute plaintiffs’ and defendants’ assertions.

Similarly, witness testimonies support or challenge evidence. If a witness statement supports your physical evidence, it helps to reinforce your claims. If otherwise, it will lead to doubts and questions.

Furthermore, witnesses help humanize personal injury cases. Beyond the physical evidence, when a witness testifies in your case, they add a human factor that triggers empathy in the jury or judge. It is like giving a voice to your evidence.

The American Bar Association (ABA), through 2023 research, reports that cases with several witness statements were 30 percent more likely to end favorably for the plaintiff. In such cases, it is like having fail-proof evidence to support one’s claim.

Types of Witnesses in Personal Injury Matters

Witnesses differ, and each witness brings a peculiar approach to personal injury cases. Witnesses also influence cases differently. It is crucial to understand the types of witnesses in personal injury cases and how to maximize them in your case:

Eyewitnesses

An eyewitness is someone present at the accident scene. They saw how the entire incident happened. 

Eyewitness testimony is highly influential and credible because it is a firsthand account of what happened. It is the most reliable source of a direct account of a given case. 

Character Witnesses

This is a witness who is familiar with the plaintiff or defendant. Thus, they can give an insight into the character of the parties involved in a case. Their testimony can influence how the jury or judge perceives the plaintiff or defendant. 

A character witness’s submission about a party can help the jury or judge deduce what the party can likely do. 

Expert Witnesses

Expert witnesses are professionals who exert their expertise on a case. They use their professionalism to shed light on grey areas. Examples of expert witnesses include accident reconstruction experts and medical practitioners.

These experts can explain the degree to which an injury or an accident occurs. Through their explanation, the jury or judge will better understand the incident. Their expert opinion makes your claims weightier; it gives your assertion an expert affirmation.

How to Prepare Your Witnesses for Testimony

Witness testimonies must be well-structured and presented to achieve their intended purpose. That is why personal injury lawyers dedicate quality time to preparing their witnesses. They understand the potency of witness testimonies to their claims.

Personal injury attorneys conduct mock sessions for their witnesses to boost their confidence. They hope the mock testimonies will make them comfortable speaking confidently when appearing before the jury or judge. 

Furthermore, the mock sessions will also help them evaluate critical points for clarity and focus. They can identify possible weaknesses and eliminate them. If a narrative does not add up, there is no need to say it. 

When attorneys drill their witnesses before the main event, they will be ready for any questions from the opposing counsel during the trial. It will also help the witnesses to stay focused, reduce vulnerabilities, and communicate fluently. 

The ultimate aim of these preparations is to enhance the credibility of the witness testimony and influence the case in your favor. 

The Impact of Witness Credibility on Personal Injury Case

Your witness must be credible if you want their testimony to have any impact on your case. If you have doubts about the credibility of a witness, it is advisable to avoid them, as they can hamper your case. However, a credible witness can be a game-changer in pursuing fair compensation.

A witness statement is deemed credible when it is consistent in its narrative. Inconsistency weakens your case as the authorities begin to doubt the truthfulness of your assertion. A credible witness must be confident and straightforward in their testimony.

A witness must be well-composed and fluent when answering questions. Feigning forgetfulness or trying hard to narrate a story may cast aspersions on their testimonies. It is better not to invite a witness than to bring in one who will further weaken your case.

Furthermore, avoid witnesses you have a personal relationship with. It means the individual is emotionally invested in your case and might likely concoct stories to support your claims. Furthermore, do not bribe or promise the witness any compensation before the testimony, as all these can dent their credibility.

The Effect of Witness Testimonies on Settlement Negotiations

The potency of your witness testimony can affect settlement negotiations. Suppose the insurance company discovers your witness is credible with a compelling account. In that case, they will opt for an out-of-court settlement because they understand the implications of such testimony on the case at trial.

Potent witness statements enhance your negotiation strength. It is equivalent to the defendant pleading with you to drop the sword in your hand for any given amount. You can use the basis of your credible witness testimony to demand a significant settlement amount.

Additionally, credible witness testimonies hasten up the process as parties avoid litigation. It helps you avoid expenses associated with a full-blown trial. Thus, you can use the strength of your witness statement to demand maximum compensation during negotiations.

Final Words

Witness testimonies play an invaluable role in personal injury cases. When your testimonies are credible, they increase your chances of a favorable outcome. That is why you must not leave any stone unturned when preparing your witnesses. 

Your witnesses must be consistent and fluent in their delivery. They should be straightforward, precise, accurate, and firm in their assertions.