How Credible Is Your Personal Injury Witness?
After suffering a car accident, a slip and fall incident, or even a product defect accident, you deserve to get justice for your pain and suffering, for the days missed off work, for the lack of comfort due to the injury as well as any other damages.
While an out-of-court settlement is ideal, it may fail to bear fruit, especially if you, the at-fault party and their insurance fail to reach an agreement. In such scenarios, the claim proceeds to trial, and here is where the importance and credibility of witness testimony come into play.
In this comprehensive blog, you will learn about the indelible role of witness credibility in personal injury cases. Have a read below:
Understanding Witness Credibility
So, what exactly is witness credibility? It’s nothing to do with you, the plaintiff, but it can make or break your case. It refers to how believable, trustworthy, and reliable your witness is perceived to be in the eyes of the judge and the jury.
The overarching goal of any personal injury case is to compensate the victim for damages they sustained. But for this to happen, the court must investigate all the available evidence and eyewitness testimony. And remember, the burden of proof is yours to bear, the plaintiff.
Whether it is medical malpractice, an animal bite, a car accident, a slip and fall, or a product defect case, witness credibility is important. If the judge and jury fail to perceive your star witness as credible, they may throw out your case.
Determining Witness Credibility
Your witness’s credibility will be weighed based on objective and subjective dependability measures. Looking at subjective measures, they involve the judge or jury’s perception of the witness based on their demeanor or stereotypes about people like them.
For instance, suppose you were involved in a car accident, and you bring in your friend as a witness to your personal injury claim. While they may give genuine information, they may look nervous and fidgety. In that case, the judge or jury may subconsciously perceive their nervousness as a lack of confidence in their narration, casting doubt on the truthfulness of their testimony.
The second measure of dependability is objective measures. These revolve around physical evidence that may corroborate or dispute the witness testimony. That said, here are the categories used to establish witness credibility in any personal injury case:
- Their capacity to give testimony- Does your witness have any impairments that may affect their ability to convey information accurately?
- Bias- Do they have any personal interest in the case? Such as being related to the plaintiff?
- Consistency- The court will check whether the witness testimony is consistent with available evidence to establish credibility. It will also check to see whether there are discrepancies between what was stated in court and the written testimony.
The Need for a Personal Injury Attorney
“Your witness can be perceived as less credible despite giving truthful and accurate testimony. It all depends on how they present themselves in court,” says personal injury attorney Kyle Valero. As such, it is important to have a qualified California personal injury attorney prepare them before taking the stand.
