Witnesses are invaluable tools in the vast majority of cases, but they don’t always serve the same role. There are actually different types of witnesses with different legal restrictions and privileges, and each one has a different role.
This is true for a personal injury claim, too. Even if you’re simply suing because your insurance company refused to pay out, or you are fighting a large company for their neglect causing you great harm, you will need witnesses for a couple of key purposes.
We’re going to explain the role of witnesses in a personal injury case to help you win your case.
Two Key Types of Witnesses in a Personal Injury Case
In a personal injury case, there are two key types of witnesses you’re likely to leverage. Each one has its own role and functions differently.
These are first-hand witnesses and expert witnesses.
What is a First-Hand Witness?
This is the type of witness you probably think of when you hear about witnesses in the legal system. In the simplest terms, they were there when the event happened.
Think of your favorite crime drama. There’s a murder case, the case is on the line, and then a witness is called up to testify. They tell the story of how they saw the defendant running away from the scene, and you get your happy ending where justice is served.
A personal injury case isn’t quite as dramatic, but the concept and the role of that witness is the same.
A first-hand witness is someone who was around when you got injured, and they saw something of value to the court. For example, let’s say you got into a car accident with the intoxicated driver of a company’s vehicle. You’re suing the company because that driver’s illegal behavior and neglect of traffic laws caused your injury.
Your witness might be another driver who was hit and spoke with the defendant’s driver, and they might note how the driver spoke with slurred speech and reeked of alcohol. They might even be a corner store employee who saw everything while they were on their smoke break.
Whoever they are, their role is to fill the gap between the court and the event.
Technically, both parties do this. However, you and the defendant are incentivized to skew your testimonies in your favor to whatever extent you can without breaking the law. A witness doesn’t have that incentive. When they tell the court what happened, the court can trust the information and use it to get a better idea of which party is to blame. Of course, your side is still heard and considered, but a witness’s neutral nature makes it a lot more trustworthy.
Without this vital role, the only thing the court would have to go off of is the evidence and obviously biased accounts of events.
Rules and Guidelines for First-Hand Witnesses:
The rules and guidelines for first-hand witnesses aren’t too complicated. In general, they are required to tell the truth just like anyone else involved in the case, and just like anyone else, they can get in serious legal trouble if they lie under oath.
Beyond that, they can be practically anyone who was actually there, and they must depict the events as they happened without injecting their own opinions.
What is an Expert Witness?
An expert witness is very different from a first-hand witness. They weren’t involved in the events at all. In fact, they weren’t even near the events or the people involved in them.
Instead, they are highly skilled and revered professionals in a relevant field, and they serve a unique role by helping inform the court on what is likely and understanding key concepts the average person isn’t typically expected to understand.
A great example of this in the personal injury field is a doctor.
This expert witness won’t be your doctor. Instead, they’ll be a doctor who has dealt with many different injuries similar to the one you had, and rather than discuss whether or not someone is guilty, they will go over the injury.
This type of expert witness will explain terminology, give their professional opinion on the impact that such injuries have on someone’s life, and of course, provide their expert opinion on whether the injury could have even occurred due to the events that took place.
This is crucial. As we said, the average person doesn’t usually have such specialized knowledge. The judge and the jury might not know what a certain bit of medical terminology even means, or they might not understand the damage that a seemingly minor injury can cause. It’s the expert witness’s role to provide that information and sense of understanding.
Restrictions and Guidelines for Expert Witnesses:
Expert witnesses have a lot more restrictions and guidelines they have to follow. First, you can’t just pull any doctor out of their office and have them testify. These are professionals who meet strict qualification requirements and make themselves available to courtrooms for a fee.
The expert lawyer may not be associated with either party previously to the case, and they cannot provide opinions. All of the expert witness’s testimony must come from their first-hand professional experiences.
For example, they cannot say that they think a broken arm is worth $40,000. However, they can reference a previous medical case they worked on and highlight what that patient went through medically. They may also explain which bone you broke and how that impacted other parts of your body or created other complications.
In general, all guidelines for expert witnesses have to do with maintaining their strictly non-biased and professional nature.
How to Make the Most Out of Witnesses for Personal Injury Cases
Of course, you can have as many witnesses in as many roles as you want, but if you don’t know how to leverage them, it’s not of much use.
You need a personal injury lawyer who can not only help you find and properly use witnesses, but also handle many different facets of your case to help you win.
At DeSalvo Law, we specialize in helping clients navigate the appeal process and fight for the compensation they deserve. Whether you’re dealing with a slip and fall injury, work injury, dog bite case, or any other type of personal injury, our team has the expertise to handle complex claims and insurance disputes. Contact us today!
