Personal Injury Claims Compensation Guide
We specialise in helping victims of injury claim the compensation they may be entitled to
A Guide for Personal Injury Claim Witnesses
Some people shy away when they have seen an accident where someone has an injury. This may be because they feel it’s not their role, or because they think someone else will step in and help out. However, it is often because they worry they don’t know what is the right thing to do. Unfortunately for the victim, this lack of support from passers-by can mean that they fail to get justice. This is because no one is willing to come forward with an independent, objective account of what happened.
What is a Witness?
A witness is someone who sees an accident happen but has no involvement. Witnesses may be someone who knows either the perpetrator or the victim, or completely independent. An example is a bystander who happened to be there at the time and saw what was going on. Independent witness statements can be hugely important in determining the cause of an accident as they are normally objective and unbiased.
Witnesses who had some involvement in the accident, for example, a passenger in a car where the driver sustained injuries, are still important. However, because they have had the trauma of involvement, their perspective may not be as clear as an independent witness; such as a pedestrian who saw the accident from the footpath.
What is a Witness Statement
A witness statement is simply a factual verbal or written account of what the witness saw. This includes the lead-up and aftermath. A client’s solicitor will contact witnesses and ask for their version of the facts. They will draft this into a written statement for the witness to read and sign before they submit it with other evidence to support their potential claim, if they are the claimant, or to show there may be shared liability if they are the defendant.
There are rare occasions when witnesses may have to give evidence in court. However, the vast majority of compensation claims settle out of court. The party who calls the witness will typically request the witnesses expenses such as mileage or reasonable travel expenses, childcare, meals and snacks, and loss of earnings, are paid.
The Importance of Getting Witness Details
A witness statement could make the difference between maximum compensation or only having a reduced proportion because you have to split liability, so it is important to get the contact details of any witnesses who were at the scene of the accident if possible. Not all witnesses may be credible. For example, another driver at a junction may have seen the impact of a crash but had their head turned in the lead up to it. Likewise, a pedestrian may only have seen the lead up to the crash but had their vision blocked by a lorry during the impact.
The most credible witness is one who sees the complete accident, including the moments before it occurred, who was not distracted at any point, who has good eyesight and hearing, and who has no association with any of the parties involved.
If you have a question about witnesses, or you want to know anything else about making a compensation claim, contact The Compensation Experts today.
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident. In these cases you may have a longer period to claim.Find out more
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.Find out more
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.Find out more