If you have ever seen a television show or movie with a legal aspect, you likely understand that witnesses are a critical part of a trial. You also likely know that witness testimony can add a dramatic layer to the courtroom scene. Being called as a witness, or needing to find witnesses for your accident case, can both be very intimidating. Understanding the different types of witnesses used in personal injury cases, and the role they play, can help you prepare and make things easier.
Why are Witnesses Important in Personal Injury Cases?
After suffering injuries due to another person’snegligence, you may have the right to financial compensation for any losses or damages sustained. The burden of proof is on you to demonstrate to the court that the other party was negligent, caused your negligence, and that you deserve compensation for your losses.
If you are unable to prove your claim, you will not get compensation. Testimony from witnesses can provide the necessary evidence you need to significantly increase the chance of proving your case successfully.
There are many different types of witnesses used in personal injury cases. They all play different, but very important, roles when proving a case.
Liability Witnesses
Eyewitnesses are often the first type of liability witnesses people think of. A liability witness can speak to who was at fault for the accident.
Eyewitnesses are often the most important type of liability witness because they actually saw what happened. It may have been another customer in the store that saw the accident victim slip on liquid on the floor. Or, it may have been someone who was walking on the sidewalk and witnessed a car accident. While these types of liability witnesses are important, they are not the only type.
Not only can eyewitnesses help you prove fault, but they can also help shield you from claims of liability. For example, the liable party may argue that you were partly at fault because you drove through a stop sign. Liable parties often argue that the accident victim was at fault in order to shield themselves from full liability. If they are successful with their claim, it can reduce the total amount of damages they are expected to pay.
For example, under thecomparative fault laws in Vermont, you can still receive compensation if you were less than 50 percent at fault for the accident. Any damages you are awarded, though, are reduced by your same percentage of fault. A liability witness can refute these claims and state that you did fully stop at a sign so the full damages you deserve are protected.
Notice Witnesses
Notice witnesses are another type that can help prove someone else’s liability after an accident. Many types of personal injury cases require accident victims to prove that the defendant was notified of a dangerous condition. For example, if you were injured in your apartment building because the handrail on the stairs was broken, another tenant who notified the landlord prior to your accident is very useful.
Notice witnesses can speak to the fact that they had given the defendant notice, and they can also testify about how long the dangerous condition was present. Generally speaking, the longer the dangerous condition was present, the more likelihood there is of obtaining full damages.
Expert Witnesses
Expert witnesses are professionals in their field and can provide important testimony about how an accident victim’s injuries are impacting their life. The best expert witnesses help the court and the insurance company underpants the important differences in an accident victim’s life before and after their injury. There are many different types of expert witnesses used in accident cases and they are as follows:
- Medical experts: These types of experts are usually healthcare professionals who can testify about the nature and severity of your injuries. They can also speak to the treatment you will need and the long-term prognosis.
- Accident reconstruction experts: Accident reconstruction experts will analyze evidence from the scene of the accident, including witness statements, photographs, and damage to vehicles, along with computer technology, to recreate the accident scene and determine liability. Testimony from an accident reconstruction expert can help establish liability and what caused the crash.
- Vocational experts: After any accident that causes serious injury, you likely will not be able to return to work for some time. If your injuries are very serious, you may not be able to return for a very long time. In the most severe cases, you may not be able to ever return to the same line of work and may have to accept a lower paying job. A vocational expert can testify about how your injuries have impacted your ability to work and the type of work you are able to perform.
- Mental health experts: Not all injuries suffered in accidents are physical, or visible. People may experience anxiety, depression, and other mental health issues after an accident. These injuries are often harder to prove because they are not as noticeable as other injuries. Mental health experts can testify about these injuries and the treatment they will require.
Familiar Witnesses
Familiar witnesses include friends, family members, co-workers, and others who can testify about the accident victim’s life and the impact their injuries have had on it. For example, if you enjoyed hiking prior to the accident but your injuries no longer allow you to enjoy that activity, a familiar witness can testify to this fact. Familiar witnesses can provide a comprehensive understanding of your situation and the consequences of the accident.
Our Personal Injury Lawyer in Vermont Can Help You Locate Witnesses
Witnesses play a critical role in personal injury cases, but they are not always easy to find. Many people do not know how to locate expert witnesses, and even eyewitnesses are sometimes hard to track down after the fact. At Larson & Gallivan Law, ourVermont personal injury lawyer can advise on the witnesses helpful to your case and help you locate them so you obtain the fair compensation you are entitled to. Call us now at 802-327-8458 or contact us online to schedule a consultation and to learn more.
