When it comes to evidence in a personal injury case, legal and medical witnesses are important. Eyewitness accounts of your accident could help you establish the other party was at fault. Medical expert testimony could show the jury the extent of your injuries.
If you are considering a civil lawsuit following an injury, it is important that you build the strongest case possible. In many situations, that will require witness testimony during a deposition or at trial. Let our firm help you identify the best witnesses available in your personal injury case.
In This Article
First-Hand Witnesses Could Bolster Your Negligence Claim
The testimony of an independent witness can be powerful evidence in a personal injury case. Witness testimony is often given substantial weight by a jury, and witnesses who are unconnected to the plaintiff are often given greater weight as they are unbiased.
Independent witnesses are useful in establishing fault. Whether they witnessed a motor vehicle accident or a slip and fall in a grocery store, their testimony could make it clear to the jury who is at fault.
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Expert Medical Testimony Could Help You Establish the Extent of Your Injuries
Not all witness testimony will come from individuals that were present at the scene of your injury. In addition to fact witnesses, you might also require testimony from expert witnesses as well.
Expert witnesses are different from standard – or lay – witnesses. A lay witness can only testify to certain things, including incidents they witnessed or admissions they overheard. In most situations, these witnesses may not give their opinion as it relates to an injury case.
How Expert Testimony Is Different
A qualified expert could give their opinion in a personal injury case if they can evaluate the evidence necessary to form an opinion. While there are numerous types of experts that could testify in personal injury cases, medical experts are often the most important.
Medical experts are typically doctors, but there is no requirement that they participated in the plaintiff’s treatment or that they examined the injured party. Instead, medical experts typically review records provided by the plaintiff.
What do Medical Experts Discuss?
The purpose of a medical expert’s review is usually to demonstrate to the jury the nature and extent of a plaintiff’s injury. In some cases like soft tissue injury, there might not be any outward symptoms of an injury. A medical expert could give testimony regarding not only the extent of an injury but potentially the cause as well.
When medical experts testify, they often explain patient records to the jury. This could be showing the jury copies of x-rays or test results or simply explaining what certain signs and symptoms might mean. The medical expert can also go into how the plaintiff’s injuries will affect them in the future.
What Type of Witness Is More Valuable to Your Case?
You cannot put a value on the testimony of a helpful witness. While the testimony offered by someone who was present for your injury will be different from testimony from a medical expert, both types of witnesses could play an important role in your case.
There are some drawbacks to be aware of with witness testimony, however. These drawbacks vary based on the type of testimony your case relies on. For example, eyewitness testimony is not always considered reliable.
The defendant will have the opportunity to question your witnesses, and they are likely to try and poke holes in the witnesses’ stories to damage their credibility.
Rely on Our Lawyers to Help with This Aspect of Your Case
The strength of witness testimony hinges on the jury finding the witness credible, so it is vital that an injury lawyer from our firm prepares them for what to expect when they get on the stand.
There are also potential issues to consider when it comes to expert witnesses. Recollection is usually not an issue, as expert witnesses are not testifying to what they saw during your accident. Instead, they are providing their expert opinion on the extent or cause of your injuries.
The defendant is likely to portray your expert as biased or potentially attack their credentials. That is one reason why the selection of an expert witness is one of the critical roles of your attorney.
Our Firm Can Help You Identify the Right Witnesses for Your Case
There is no question that witnesses, both legal and medical, can be crucial for your case. Their testimony can make or break a case, so it is imperative that they are well-prepared to advocate for you.
The Kryder Law Group, LLC understands how to identify and prepare witnesses for trial. Our team is proud to fight for injury victims, and our results speak for themselves. To learn more about how we could help, call (312) 223-1700 for a free consultation.