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Originally Posted On: https://newshunt360.com/how-witness-statements-can-help-your-personal-injury-claim/
After a personal injury accident, most individuals underestimate the power of witness statements. However, a well-recorded witness statement is very important. It could be the difference between getting a fair settlement and losing the case in your claim.
There is more to a personal injury claim than just informing the insurance company. You are also required to prove that the other party was at fault and you adhered to all the rules.
There are many ways to prove liability. But, witness statements are the most powerful way of proving liability. Read on below to understand how witness statements can help you win your personal injury claim.
Why Are Witness Statements Vital to a Personal Injury Claim?
No matter the situation, most car insurance companies will always defend the at-fault party. While this may sound just and noble, it’s not. The auto insurance agency defends at-fault parties because they don’t want to pay claims.
Insurance companies don’t profit by paying for personal injury claims. Therefore, every time someone files a personal injury lawsuit to get their rightful compensation, the insurance company will take all steps possible to avoid paying the claim.
Fortunately, a personal injury lawsuit is winnable. All you require is to prove that the other party was at fault and their negligent actions caused the accident. This means that they were irresponsibly driving or they did something wrong to cause the accident.
If you were injured during the accident, you also need to prove that the accident directly caused your injuries. In such a case, witness statements can really come in handy. A witness is someone who was at the accident scene and saw exactly what happened and which driver was at fault.
A witness should have no financial or personal interest in either party. They should also not be directly connected to the accident, the passengers, or the drivers of the cars involved in the accident.
Gathering independent witness statements accurately could make or break your case. However, if you don’t have evidence to prove that the other driver was at fault, you may lose your personal injury claim.
A solid statement from a witness could be the key to proving negligence and prevent the other party from holding you responsible for an accident you didn’t cause.
Types of Witnesses and Which Is More Valuable
Generally, testimony from an expert witness is considered more valuable than eyewitness statements. An eyewitness is just a human being, and they are flawed, just like the rest of us. They may have fuzzy and vague recollections and poor memory that could impact their accuracy when giving an account of the accident.
An eyewitness is not an expert. Therefore, they aren’t accurate and reliable when retelling their own recollection of the story. For example, two different witnesses could see the accident happening but have two different stories. Having opposing eyewitness statements could mean that the statements are not reliable.
On the other hand, an expert witness will have the relevant training and experience to establish the happenings of the accident. Their training makes them a reliable information source for your case.
What Happens if the Witness Is Someone You Know?
In most cases, witnesses in personal injury accidents are individuals we know. If a family member, friend or loved one witnessed your accident and its effects on your life, you should approach them as you would a stranger.
Sometimes a parent or loved one may help you nurse your injuries back to health. These individuals could act as witnesses in your personal injury case.
They can help the jury understand the extent of your injuries. They could also act as witnesses to back your pain and suffering claims.
If the witness is a loved one, it will be easier than dealing with a stranger. You won’t need to start tracking down the witnesses or worry that they will disappear on you. However, ensure that you talk to them and go over their accident accounts while the incident is still fresh in their minds.
You can also take notes while they talk and share them with your personal injury attorney. Alternatively, your attorney could have a sit-down with the witness and have them write a written statement and sign it.
Contact a Personal Injury Attorney to Help You
Are you considering filing a personal injury claim? Then you will significantly benefit from hiring a personal injury lawyer. Sometimes, it can be quite difficult to win a personal injury case. That’s because proving that the other party was at fault can be quite challenging.
However, if you have an expert witness or an eyewitness who saw the accident happening, they could greatly help your case. After the accident, your main focus will be getting the appropriate medical treatment to heal your injuries.
Contact a personal injury attorney today and schedule a consultation. During the consultation, the attorney will review your case and tell you whether it’s winnable.
Personal injury attorneys are highly experienced and will ensure you get a fair settlement. However, the settlement is based on the injuries and property damage you incurred during the accident.
Are You Ready To Get Witness Statements To Help Your Case?
Well-written, accurate witness statements could build your personal injury case. It could also lead to a win. Unfortunately, most people underestimate the power of witness statements.
If you have filed a personal injury case, ensure you also consider statements. Both eyewitnesses and expert witnesses are key.
If you want more professional and personal advice, check out other posts on our website. Our site is full of valuable information and insight for individuals looking for knowledge on legal matters.