Witnesses in Personal Injury Cases
A certain type of witness, the before/after witness, can have a large impact on a personal injury trial and carry quite a bit of weight during the proceedings. This witness is characterized by the span of time in which they knew the accident victim. Before/after witnesses have known the victim both before and after a personal injury accident.
Before/after witnesses can be vital to a personal injury case. They have unprecedented knowledge of the changes that have occurred since the personal injury accident. When victims resort to trial proceedings in a personal injury case it is usually to seek monetary recompense for damages accrued during the accident. A before/after witness can attest to the damages the victim seeks compensation for.
In order to serve the victim as a before/after witness the person must have known and interacted with the victim both before and after the accident. The potential witness must have a personal knowledge of the victim mentally, emotionally and physically during this time period.
Doctors and other professionals are not usually good before/after witnesses because they only see the victim after the accident in most cases. Family member, co-workers, employers and close friends make excellent before/after witnesses for a personal injury case. They are best able to tell if there have been any changes in physical or mental ability and to what extent.
Using a before/after witness is a strategic way for a personal injury lawyer to show the jury how painfully real the victims injuries are. Family members, friends and co-workers explaining in their own words how devastating the injuries have been for not only the victim but for them as well, leaves a lasting and deep impression on jury members.
They jury is able to adequately measure the victims damages in a more realistic way than if they were simply told by a lawyer. Many attorneys use graphs and charts and numbers when discussing the victim’s pain and suffering but nothing shows it quite as well as a before/after witness.
The entire goal of a personal injury trial is to put the victims back in the same spot financially and physically as they were when the accident occurred. This isn’t always easy considering the amount of frivolous lawsuits that occur each year and the judicial systems increasing unwillingness to entertain them. Using a before/after witness is a way to give your case some added strength.