How a Witness Can Help Your New York Injury Claim

Lever & Ecker, PLLC December 4, 2022 Personal injury

Whether you suffered injuries in a vehicle accident, a slip-and-fall, or another type of accident, obtaining evidence is vital for a New York injury claim. Proving negligence is complex, and having eyewitness testimony can help support your claim and tip the scales in your favor in establishing the liability of the other party or parties. With the representation of a highly experienced New York personal injury lawyer, you may also retain expert witnesses, such as accident reconstructionists or medical experts, to support and illustrate the damages you have suffered. 

At Lever & Ecker, PLLC, we know the importance of eyewitness accounts, how to obtain valuable testimony, and the types of eyewitnesses you need for a successful claim. We have 65+ years of combined experience fighting for New Yorkers’ rights, and we can guide you through the legal process to recover the maximum compensation you deserve. Speak with us during your complimentary consultation to understand your best legal options. 

How Witness Testimony Can Help Your New York Injury Claim

An individual who acted negligently and caused your accident-related injuries and other damages is not likely to admit liability. They may even try to blame you for the accident. Eyewitness testimony can be vital to confirming the facts of what happened and who may have caused the accident. 

An eyewitness may be an objective party with no particular stakes in the claim; if so, they are more likely to offer an objective account of the accident. After an accident, it is vital to obtain an eyewitness’s statement promptly, as they are more likely to remember details in the immediate aftermath of the incident. If their observations support your version of the events, it can have a very positive impact on your claim, and greatly impact the insurance company’s perspective on the case.

Many variables affect eyewitness credibility, including the following: 

  • Attentiveness: An eyewitness must be paying attention during the accident. 
  • Character: If the opposing party can call into question the witnesses’s honesty, consistency, or bias, it will likely blunt or even eliminate the value of that testimony. 
  • Vantage point: An eyewitness must have a good view of the accident.

After you file a personal injury claim, the insurance company will likely try to contact the eyewitnesses to obtain statements from them. If your case goes to court, an eyewitness may be summoned to testify. 

Types of Witnesses in a New York Injury Claim

There are multiple types of witnesses you may help your New York injury claim, including the following:


An eyewitness observed the accident as it occurred and can confirm the accident’s details. They can testify in court about these observations, to help the jury determine liability for the accident. 

Other Law Witnesses

In addition to eyewitnesses, the injured party (plaintiff) may be permitted to call other witnesses, such as family, friends or co-workers, to testify about the impact the accident and resulting injuries has had on your life.

Expert Witnesses

An expert witness is not an individual present at the scene of the accident but rather a person with vast experience, education and knowledge in a particular subject that is relevant to the case, and can assist the jury in reaching its conclusions.  The witness can be an expert in motor vehicle accidents, intoxication, medicine, scaffolds, equipment or any other type of subject that is relevant to your particular case.

Law Enforcement

Law enforcement officers are typically among the first at the scene of the accident, and they often possess special training to analyze the accident and its causes. With the representation of a New York personal injury lawyer, you may obtain their statement, police reports, recordings of 911 calls, and other evidence that may support your case.

Speak With the Highly Experienced Personal Injury Lawyers at Lever & Ecker, PLLC

If you have suffered injuries in an accident, speak with the award-winning New York lawyers at Lever & Ecker, PLLC. We have represented countless victims, recovering damages for the careless actions of a negligent individual. 

With 65+ years of combined experience and client-oriented representation, we will work tirelessly on your behalf to gather testimony from witnesses and other forms of evidence to bolster your chances of success. Schedule a no-cost consultation by calling (914) 288-9191 or (718) 933-3632, or filling out our contact form.

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