The Benefits of Witness Credibility in Personal Injury Trials
Witness credibility is central to the pursuit of justice in personal injury trials. Beyond physical recovery, there are numerous hindrances to obtaining fair compensation for personal injury victims. Fundamentally, you must ensure your witnesses are dependable and have an unbeatable reputation, as these characters are indispensable to affirming truth and impartiality in the legal system.
The jury and judge must believe your witnesses’ testimony during personal injury proceedings to stand a chance of a positive outcome. Thus, it is crucial to understand the place of witnesses in a personal injury lawsuit before instituting one.
Their statements significantly affect the case’s outcome. That is why you should extensively discuss your case with your personal injury attorney during the consultation to help them determine how local laws affect witnesses.
However, this article delves into the fundamentals of the law concerning witness credibility. It discusses how to entrench witness credibility and the factors influencing witness testimony.
Why Witness Credibility Is Crucial
Personal injury law aims to compensate victims of someone else’s intentional misdeeds or negligence. Courts must investigate every piece of evidence and witness testimony to make fair compensation decisions. If a court cannot establish a witness’s credibility, their testimony may be deemed fraudulent and unreliable.
Awareness of the crucial role witnesses play in personal injury cases is essential. Witnesses’ testimonies become a cornerstone in affirming the legitimacy of your matter when you decide to sue a guilty party after a personal injury.
The credibility of your witnesses testifying under oath in a pre-trial or trial deposition is immensely significant. It can determine your fate in the case—whether you will get justice or shortchange yourself. In other words, the availability of credible witnesses in a case can decisively determine the outcome.
Establishing the Credibility of a Witness
One must employ subjective and objective lenses to determine the credibility of a witness. The subjective perspectives entail jurors’ psychological judgments of a testifier on stereotypes or behaviors of people like them. For example, a juror who believes older adults tend to forget events will naturally expect inconsistencies from their attestation.
“Objective principles involve concrete evidence, such as video footage, that contradicts the testimony of a witness considered highly credible,” says personal injury attorney John Yannone.
The jury or judges consider numerous indices when evaluating a probable witness’s credibility during trial.
We can categorize these factors into three headings:
- Capacity: The potential witness should not have any impairment that could affect their ability to convey information accurately. Such impairments include hearing loss or numbness. They must stay alert and focused during questioning.
- Consistency: The witness’s account should match other evidence, such as medical records, and their responses to related questions should be consistent. Inconsistencies between their written statements and what they say in court can raise doubts about their credibility. Investigate the reasons behind these discrepancies.
- Bias: The witness’s impartiality is crucial. Their testimony may be questioned if they have a personal interest in the case, such as a relationship with a party involved or a promise of something in return for their testimony.
Factors That Can Affect a Witness’s Testimony
Even reliable witnesses can experience memory lapses or mistakes when recounting an incident. Courts focus on the following indicators to assess reliability:
- Emotional Outbursts: Witnesses may struggle with emotional distress when testifying about past trauma, especially children. This can lead to hesitations and affect their testimony.
- Language Barriers: Those who don’t fully understand English may struggle with comprehension, making it hard to grasp some questions.
- Inexperience: Witnesses with firsthand experience may feel more comfortable testifying, while those with less experience may offer a more objective perspective.
- Inconsistencies: The judge or jury will be alert for discrepancies in the witness’s story, especially if it differs from earlier versions.
Seeking an Attorney’s Help
Personal injury lawyers can help you deal decisively with anxieties before trial through informed counsel. Lawyers usually participate in rehearsals with witnesses to help determine necessary modifications. Further, this allows them to perform cross-examination effectively.
Also, personal injury attorneys can help witnesses precisely communicate crucial information through multiple physical sessions and planning. You will shortchange yourself if you can navigate the legal system without an attorney’s guidance.
Final Thoughts
Witnesses’ evidence is crucial in personal injury trials because it helps the judge and jury make an informed decision about the issue. That is why the court carefully checks the consistency and fitness of a witness’s story before accepting it. Thus, presenting a witness with inconsistencies is a quick way to puncture your case.
