Will I Be Called as a Witness in My Personal Injury Case?

Personal injury cases hinge on evidence. Strong, credible evidence boosts the odds of success and helps to ensure that the injured person receives full and fair compensation. 

Witness evidence is one of the most important types of evidence in a personal injury case. Depending on the situation, you may need to present evidence from eyewitnesses, your doctor(s), experts, colleagues, friends or family members. The one witness who will definitely need to provide evidence? You. 

In today’s blog post, our Sault Ste. Marie lawyers will explain why your evidence is essential, when you’ll likely be called upon to provide evidence to support your case, and how working with an experienced personal injury lawyer can help ensure you’re prepared and protected when giving evidence.  

Why Your Evidence Is Essential to Your Injury Claim 

You will be an essential witness in your own personal injury case. Understanding what you need to prove to win your personal injury case will help you understand why you’ll be called upon as a witness, and why your evidence is so important. 

When you bring a personal injury claim, the burden of proof is on you. That means you must present evidence to prove each element of your claim on a balance of probabilities, including liability (negligence or fault of others involved in the accident) and causation (that the accident caused your injuries). As the plaintiff, you’ll also need to prove the nature and extent of your injuries and losses caused by the accident, and that you took all reasonable steps to minimize your losses and recover from your injuries.

Eyewitnesses can provide information about what they saw at the accident scene. Medical professionals and expert witnesses can provide evidence and opinions about the injuries you suffered, the treatments you’ve received, your prognosis, etc. Lay witnesses such as friends, family, and co-workers can provide their observations about how the injuries impact your daily life (the latter type of witnesses can be especially helpful in substantiating non-economic compensation such as damages for pain and suffering). 

But at the end of the day, your case is about you. You are in the best position to explain key aspects of your case such as how life was before the accident, how the accident occurred, and how your quality of life has been impacted in the time since the accident. 

When Will You Be Asked to Provide Evidence in Your Case? 

Most people picture sitting in a witness box at a trial when they think about providing evidence in a lawsuit. That is a possibility, but the vast majority of personal injury claims settle out of court, without the need for a trial. 

The reality is that you will be called upon to provide evidence at several points in time, starting from the date you were injured, and in ways you may not even realize. Here are some of ways you can provide evidence in your case: 

• What you say to others at the scene of the accident, including what you say when you report the accident to police (if police are involved). 

• When you notify the insurance company of your claim. You may be asked to provide a statement orally and/or in writing that recounts how the accident occurred, the injuries you suffered as a result, etc. 

• When you first seek medical attention after the accident (this can be used as evidence linking your injuries to the accident, for example). 

• Each time you see a doctor or receive treatment after the accident. Your descriptions of your symptoms and the medical professional’s observations/findings will be recorded in their records and relied on in your case).

• At the examination for discovery (a pre-trial procedure that takes place in front of a court reporter, during which you’ll be questioned under oath by the defendant’s lawyer). 

• In written statements and/or sworn affidavits that may be prepared and submitted to support your claim.

• At trial (should your case not settle out of court). You will give evidence and then you will be cross-examined on your evidence by the defendant’s lawyer. 

As you’re probably starting to gather, it’s important to be truthful—and careful—from day one. Inconsistencies, embellishments, or forgetting to mention important facts can damage your credibility and hurt your case. 

How Can You Protect Yourself and Present the Strongest Case?

Hiring a seasoned personal injury lawyer as soon as possible after the accident is the best way to protect yourself and ensure you have the best possible evidence. Our Sault Ste. Marie lawyers recommend getting legal representation before you meet with an insurance adjuster or claims examiner from your insurance company. 

Your lawyer will explain what information you need to share—and what you don’t. That knowledge will shape and improve your case from the outset. 

In addition to helping you gather and preserve evidence from other sources to strengthen your case, your personal injury lawyer will guide and protect you when giving evidence throughout the claims process. Your lawyer will prepare you in advance when you have to give oral evidence or statements, help you prepare written statements and affidavits, and protect you from improper questioning during the examination for discovery and/or trial if your case goes to court. 

Sault Ste. Marie, Elliot Lake and Blind River Law Firm

Elliot Lake, Blind River, and residents throughout Algoma District are encouraged to reach out to the Sault Ste. Marie lawyers at Feifel Gualazzi following a motor vehicle accident, ATV crash, or other traumatic incident that caused you or a loved one to suffer injuries.

Personal injury cases can be complicated. It’s difficult to know where to begin and what steps you should take. Our Sault Ste. Marie lawyers know what is needed to win a case. We can help you navigate all aspects of your personal injury claim, ensuring your rights are protected and that you receive the compensation you deserve for your physical, emotional and financial losses.

Contact us today for more information about our legal services or to speak with one of the experienced personal injury lawyers at our Sault Ste. Marie law firm serving Blind River, Elliot Lake, Wawa, Bruce Mines, Prince Township, Thessalon, and Huron Shores. We can provide you with a free case evaluation and get you on the path to recovery.