Have you been involved in an accident? If so, then one thing your lawyer is going to talk to you about is gathering statements from witnesses that can be used to strengthen your case and help you achieve the outcome you’re looking for in your personal injury case.
We’ve created a guide that will detail what you need to know about gathering witness statements apart from the case. The more details you know, the better off you’re going to be, and hopefully, it will help you get one step closer to the outcome you’re in search of.
Continue reading about witness statements now and learn what you need to know.
How Can Witness Statements Aid in Personal Injury Cases?
The point of collecting witness statements in your personal injury case is that witness statements can offer a non-biased point of view that can be used either for your defense or against your defense. They can provide the court and your legal team with an account of what took place during the accident that isn’t swayed one way or the other because they want to help one party over the other.
They can also provide better details of what took place, details that are accurate. The best time to gather witness statements is soon following the accident because this is when people’s memory tends to be fresh, and they will be able to recall the events that took place before they have a chance to forget them.
Based on the version of the story the witness gives, it can potentially fit the narrative you provided. When this happens, it will be used in court, and the determination may or may not change after the witness statements are taken into consideration.
Review the Statements
After the statements have been gathered, your legal team will need to assess the statements that aid in your case. If the statements that have been given are going to harm your case, the statement will need to be recanted or withdrawn from the claim documentation.
If this is the path that the witness wishes to take or is suggested by your legal team, the recantation and/or withdrawal will need to be done in writing. This writing can then be kept on file in case it needs to be referenced in the future.
Variables Affecting the Credibility of Your Witness
When you’re collecting witness statements, one thing to consider is the credibility of the witness. There are several things that can affect the overall credibility of the statements that witnesses provide, and this can lead to the outcome in your case being changed significantly.
The first variable is the character of your witness. If the witness is having problems with telling the story consistently and with accurate details, or they are found to have lied while providing their account of what happened, it’s likely their testimony will be dismissed.
This is because the witness is no longer credible, and they’re going to do more harm to your case than good. Another thing that can impact the credibility of your witness is their overall level of health. When someone’s health has been affected, it can cause them to find it harder to remember the events of the accident the same way they would if they were in good health.
The activities that the witness was taking part in during the time of the event matter as well. If the witness was distracted, it can mean that they didn’t observe the happenings of your case enough to be able to provide clear details that could help.
Lastly, the witness will need to have had a clear vantage point of the accident when it took place. This means they were able to view the accident before, during, and after it took place. This is because they will be asked about the conditions leading up to the accident, and based on their answers, this could insinuate that the accident was either your fault or the fault of the other party.
Claims Witnesses Can Make That Support Your Claim
The first claim that could be made is the claim of innocence. When you’re dealing with Connecticut personal injury attorneys, one thing they will make clear to you is that if you’ve found even a fraction responsible, it can reduce the chances of your receiving compensation. If the witness testimony supports your accounts of what happened, it can help prove that you’re not responsible for the accident.
Depending on the injuries you’ve sustained, you can use the treating healthcare physician to provide a detailed account of your injuries. This account can support your claim that your injuries are a direct result of the accident and can help you seek compensation to cover the medical bills and rehabilitation that comes with winning a claim in this case.
However, their testimony can also discredit your claims. Things that can discredit your claims include the witness seeing you walking around or moving fine after the case. It could also mean that the statements provided by the doctor prove that some of your condition is due to preexisting injuries that are documented in your past medical history.
Lastly, the witness statements can support if one party has admitted guilt in the accident. This is useful if you want to increase the compensation you’re seeking, just like it can be used to support your claim of not being responsible for the accident.
Witness Statements In Your Case: How Can They Be Used?
When it comes to the use of witness statements in your personal injury case, there are several ways they can be used and change the outcome of the overall case. Witness statements provide an account of what has happened that is completely unbiased.
Your legal team will know what to do with them once you gather them. Ensure you get them soon following the accident and turn them over to your legal representation. Ready to take on your personal injury case?
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