New York City Personal Injury Law Blog
How many Witnesses do You need to Prove Your Personal Injury Case
Posted on Mar 30, 2015 in Personal Injury FAQs
Is there a certain number?
How many witnesses do you need to prove your civil case in New York, whether it is an accident case, medical malpractice case, or a wrongful death case.
The answer is that it depends. Every single case is different, and will have its own set of facts. For example, you are a patient in a hospital, and you believe the doctor and hospital violated the basic standards of medical care. In such an instance, you will need multiple medical experts to come and testify on your behalf. Additionally, you might also need other witnesses who saw and witnessed what went on at the hospital. It could be the person sitting right near you and so on!
Do not rule anyone out and treat everyone respectfully! You may need all the help you can muster in the end to win this case.
What happens in a car accident case, where you are going through an intersection and somebody goes through the red light and hits your vehicle? In this case, only one or two witnesses might be available who actually saw the action sequence when the accident took place. Additionally, you will need medical experts to come in to testify about the injuries you have suffered and your medical condition.
You need to Prove Liability
However, the main question is, how many actual witnesses do you need to show that there is liability or responsibility on the part of the people whom you have sued for violating the rules of the road or violating the basic standards of medical care that caused you harm and injury. Based on this information, it all depends on what the set of facts were, what the circumstances were, whether there were other witnesses that saw and observed what actually occurred. On top of this, it will depend on the specialty, the type of problem you had, and what problems you are likely to have in the future because of your injuries.
Therefore, there is no clear-cut simple answer, which says you only need two witnesses in a car accident case, five witnesses in a medical malpractice case, and so on. It does not work that way, since each case is so distinct. You need to look at what was done wrong, who caused the harm, who was negligent, and who violated the rules of the road or the standards of medical care.
Witnesses are Critical
After the lawyer has studied your case, he will start piecing together what actually happened, and which witnesses are vital to show to the jury that you are more likely right than wrong.
However, it is always critical to produce witness or witnesses in support of your claim, even if the liability or wrongdoing is obvious. Secondly, in both accident cases and medical malpractice cases you will need medical experts to come and testify about your injuries, the treatment you are receiving, whether you will need ongoing treatment, or surgery in the future.
In an accident case, people who have actually witnessed the accident will be important, whereas in a medical malpractice case there will be several things explained to the jury from your medical records by expert medical witnesses. Therefore, the number and type of witnesses will vary depending on the peculiarities of the individual case. There is nothing wrong with plenty of witness who all say the same thing but some witnesses are going to be more favored by your attorney than others.