What Is a Witness?

If you’re involved in a legal case, you may wonder, “What is a witness?” When it comes to a personal injury case, a legal witness with reliable testimony can be extremely important. Witnesses present valuable information that can help build your case and ultimately lead to the best outcome possible. Both lay witnesses and expert witnesses play an integral role in helping you get the most out of your settlement with an insurance company.

The term “witness” means a person who has knowledge of an event or has observed an incident and can testify about it under oath. Witnesses may offer a first-hand account—or bear witness—of what occurred by providing opinions or interpretations of an incident based on their expertise and experience.

Giving false testimony as a false witness is considered perjury, a serious crime that can result in severe penalties.

What Is the Definition of a Witness?

What Are the Types of Witnesses in a Personal Injury Claim?

Common types of witnesses who can aid in a personal injury claim include several people:

• Lay witnesses are people who saw the accident or know what happened before or after. For example, someone who saw a car accident in a parking lot or a slip and fall in a grocery store.
• Expert witnesses present testimony based on their specialized experience or education. For example, an accident reconstructionist in a car crash case or a medical professional in a malpractice case.

Other witnesses include a character witness or an alibi witness. Information from a credible witness with personal knowledge of a defendant’s character or whereabouts is more commonly needed to support a criminal defendant in a criminal case rather than a civil case.

What Roles Do Witnesses Play in My Personal Injury Case Out of Court?

Witnesses who testify are crucial in a personal injury case, both in and out of court. Before trial, attorneys can use witness statements to negotiate settlements with insurance companies. By gathering and presenting proof to support your claim, you maximize a potential settlement through expert witness and eyewitness evidence.

What Roles Do Witnesses Play in Court?

If your case goes to trial, effective and knowledgeable witness testimony can help convince the judge or jury to rule in your favor. Attorneys can ensure your witnesses are prepared to testify, giving you the best chance of success.

How Do I Obtain Witness Statements?

Witnesses are invaluable in personal injury cases, especially when their presence is called in court, so having representation is crucial to ensure their testimony is effective and accurate. An attorney can help identify witnesses to provide testimony, gather evidence to identify an at-fault party, and prepare witness statements during the investigation.

Should I Gather Witness Statements on My Own?

No, it’s not recommended that you gather witness statements on your own. An experienced attorney is essential for preparing testimony—including expert witnesses like forensic scientists or medical experts—to ensure a successful outcome. They have the legal experience needed to handle and present evidence correctly to the insurance company or jury.

What Witnesses Are Most Important for My Case?

The most important witness for your case—whether an expert, a police officer, or a bystander—depends on your specific situation. Usually, both lay and expert witnesses are crucial for building a strong claim.

What Claims Can a Witness Make?

A witness can report what they saw, heard, or experienced during an accident, including events leading up to it, how it occurred, and its effects on the victim.

A lay witness who personally sees an accident scene is often more effective at providing details about it, while an expert witness may interpret those facts using their specialized knowledge to provide a sense of the broader context.

Ultimately, witnesses are crucial in personal injury cases and can determine a successful or unsuccessful outcome.

What Factors Affect Witness Credibility?

A witness’s credibility is determined by factors like behavior and attitude. A person who seems honest, reliable, and well-prepared makes a stronger impression especially when you attend court. The truth and accuracy of their statements is also considered when determining if you have a reliable and credible witness.

How Does The Kryder Law Group, LLC Accident and Injury Lawyers, Help?

At Kryder Law Group, LLC Accident and Injury Lawyers, we are dedicated to helping you collect key witness statements and other evidence that support your case. Our experienced attorneys have deep knowledge of personal injury law. We assist in identifying and preparing witnesses for deposition—a legal document—ensuring their testimony is accurate and effective.

Contact us today for a free consultation.