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The Role Of An Eye Witness In Personal Injury Suits



In personal injury suits, the injured claimant needs evidence and other forms of support to bolster his or her claim and to ultimately prevail. The majority of times, the claimant needs to establish that he or she was not at fault for causing the accident that injured him or her. It is eye witness statements that allow an injured party and claimant to provide such supportive information and case bolstering to the trier of fact (whether judge or jury).

No Fault Claims Can Be Bolstered

An injured claimant's award of compensation can be lowered or even eliminated if he or she were found to be liable in any way for the underlying accident that caused her injuries. Witness accounts of an accident are a crucial way in which an injured party can attempt to prove that the claimant is innocent of any responsibility, fault, or liability for the underlying accident contributing to his or her injuries. For example, a witness can recount car positions, speeds of automobiles, weather conditions, environments and settings, and party statements made right after accidents.

Liability Claims Can Be Bolstered

A witness statement can help a party who seeks to establish that the injured claimant was partly or fully responsible and liable for the underlying accident. In the majority of states, an injured claimant's compensation is lowered in proportion to the percentage of his liability for the injury-causing accident. As a result, defendants try to establish, in most cases, that the other party or parties are liable for the accident and resulting injuries. Witness statements concerning events of an accident are paramount in helping the trier of fact to ascertain whether the injured claimant might bear some fault or liability.

Injury Claims Can Be Bolstered

Witness statements can help an injured claimant to establish the existence and extent of his or her injuries. The trier of fact will determine whether the claimed injuries were caused by the underlying accident, based in large measure upon provided eye-witness accounts. The trier of fact may be able to ascertain if the claimant's injuries are as severe as they are asserted to be through witness statements of the claimant's behaviors, attitudes, and mannerisms immediately following the accident.

Injury Claims Can Be Belied

If an eye witness statement can assist a claimant in bolstering his or her injury, an eye witness statement can also completely belie the claimant's injury accounts. An eye witness who saw an allegedly injured claimant exercising after the accident without impairment, for instance, can raise the potential that the claimant is being untruthful about his or her injuries. Eye witness statements can also demonstrate an injury is not as severe as the injured party claims or that the claimant caused a worsening of her injury post-accident.

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