A personal injury case must be proven with evidence that establishes liability, or someone’s legal responsibility for causing the accident. Witness testimony is a critical type of evidence that can make a major difference in whether a case results in financial compensation or not. Statements from eyewitnesses can give first-hand details about the accident, while expert testimony can provide explanations about complicated case issues.
Eyewitnesses vs. Expert Witnesses
There are two main types of witnesses in an Albuquerque personal injury case: eyewitnesses and expert witnesses. An eyewitness is someone who saw the accident take place. These are people who were present at the scene and may have information or details about the event that those involved do not, or who can corroborate one of the parties’ stories.
An expert witness is a specialist with in-depth knowledge of a case-related subject. Expert witnesses are brought into personal injury claims to explain complex subjects to a judge or jury. An individual qualifies as an expert witness if they have specialized knowledge, education, skills or experience in a subject relevant to the case.
The Critical Function Eyewitnesses Play in Injury Claims
In a personal injury claim, the burden of proof rests with the plaintiff or injured party. The plaintiff is required to provide enough evidence to prove that the defendant is more likely than not at fault for the injury in question. The right witnesses can add credibility to the plaintiff’s account, help prove liability and impact the outcome of the case.
Liability
If liability is disputed among parties in a personal injury case, eyewitnesses who saw the incident take place can provide objective, third-party accounts of what happened. This can help prove liability by establishing which party was in the wrong, such as which driver in a car accident case was breaking a traffic law in the moments prior to the crash.
Eyewitnesses provide a strong type of liability evidence, as witnesses are not biased by having any stake in the claim. In addition, eyewitnesses are not as impacted by the incident as those involved, whose accounts may be affected by shock, adrenaline, confusion and injuries. They can provide more credible and consistent testimonies regarding the details surrounding the incident.
Credibility
Eyewitness statements can also be powerful for adding credibility to a plaintiff’s story. Rather than a “he-said, she-said” situation, with only testimonies from the plaintiff and defendant, eyewitnesses provide third-party information that can back up a claim.
Independent witness testimony can corroborate and reinforce a victim’s side of events, helping to prove the claim to an insurance company. Testimony from character witnesses can also be used to improve the plaintiff’s credibility and reliability in a claim. Character witnesses are called in to testify about the general nature, behavior and reputation of the plaintiff.
New Information
Eyewitnesses have first-hand information about an incident that may not be available from anyone else. Witnesses may have seen aspects and details of the event that those involved were unable to notice. This testimony may change the outcome of a case by bringing new information to light that helps to establish fault or liability, or challenge allegations of fault by the defendant.
Proving Damages
Enlisting the help of family members and friends to be witnesses during a personal injury claim can help the victim prove his or her damages. This is especially important when establishing pain and suffering. Witnesses can provide a point of view of lost enjoyment of life, changes in daily activities, and mental and emotional struggles from the accident.
Witnesses who are close to the victim can detail how the person’s life changed after the accident and injury. They can provide details regarding the victim’s quality of life, physical health, emotional state and financial status. This may increase the value of the victim’s settlement or verdict by proving damages suffered.
When Might a New Mexico Injury Case Need Expert Witnesses?
Some personal injury cases involve topics and issues that are complex and require specialized testimony for the average person to understand. Expert witnesses play the role of explaining complicated topics for laypeople, such as a judge or jury that may not have in-depth knowledge of the unique subject.
A medical malpractice claim, for example, involves nuanced topics that someone not in the medical field may not understand. In these cases, experts can be hired to testify regarding the physician’s standard of care and any breach of this standard. Medical experts can also testify regarding the degree and severity of the victim’s injuries in relation to the malpractice.
Common Types of Expert Witnesses Used in New Mexico Injury Cases
Many different types of expert witnesses can be hired for a personal injury case in New Mexico. A case may need a professional or specialist to testify if it involves nuanced medical, financial, technological or industry-specific matters.
Common types of expert witnesses include:
- Accident reconstruction experts
- Medical experts
- Engineers
- Traffic experts
- Life Care Planners
- Financial and economic experts
- Forensic accountants
- Vocational experts
To qualify as an expert witness for a personal injury case, an individual must have advanced knowledge, training or experience in the area of expertise. The person hired must be relevant based on the type of case, such as a professional with a similar profession or background as the defendant.
How to Get Witnesses for Your New Mexico Injury Case
It’s important to start gathering evidence to build your personal injury case as early on as possible. While you’re still at the scene, collect information from any eyewitnesses. This may include motor vehicle passengers, pedestrians, customers or staff at a nearby business, responding police officers, and paramedics.
If you have a case that could benefit from the testimony of an expert witness, you should consult with an attorney to make it easier to find the right specialist for your needs. A lawyer will have connections to highly qualified experts in various fields. An attorney can also help you gather eyewitness testimony by interviewing the right people after your accident.
How a Personal Injury Lawyer Can Help With Witness Testimony
Hiring a personal injury lawyer who understands the role of witnesses in your claim can improve your case’s odds of success. At the Fine Law Firm, a lawyer will strengthen your claim by gathering statements from the right witnesses, hiring experts as needed, and presenting the testimonial evidence in a compelling manner to a judge or jury. To discuss witnesses in a particular case in New Mexico, contact us today for a free consultation.