The Role of Witness Statements in Louisiana Personal Injury Cases

Witness statements in Louisiana can make or break your personal injury case.

When someone gets hurt in an accident in Louisiana, figuring out who’s responsible can be like solving a puzzle. Witness statements are some of the most important pieces, helping to tell the true story of what happened. Whether it’s a car accident or a slip-and-fall, these statements can make or break a personal injury case. Let’s break down what they are, why they matter, and how they’re used to seek compensation, all in a way that’s easy to understand.

Understanding Witness Statements

Imagine you’re at a park, and you see a car crash into a bike rider. If you tell someone exactly what you saw—like how fast the car was going or if the rider was in the bike lane—that’s a witness statement. It’s a description of what someone saw or heard during an accident, either written down or spoken out loud. These statements are super important in personal injury cases because they give an outside perspective, not just the story from the person who got hurt.

Witness statements in Louisiana help back up the injured person’s side of the story. For example, if you say you were hit by a car running a red light, and someone else saw it happen and agrees, their statement makes your claim stronger. In Louisiana, these statements are considered key evidence in court, kind of like a referee’s call in a game. 

They’re valuable because they come from someone who isn’t directly involved, so their account feels more neutral. They can describe how the accident happened or even how much pain the injured person is going through afterward, which helps paint a clear picture for the judge or jury.

Types of Witnesses and Their Importance

There are a few different kinds of witnesses in personal injury cases, and each one brings something special to the table. Let’s go over them:

• Eyewitnesses: These are people who were there when the accident happened. Maybe they saw a truck swerve into your car or noticed a slippery floor that caused a fall. Their firsthand account of the event can help prove who was at fault. For example, if an eyewitness says the other driver was texting, that’s a big deal in court.

• Expert Witnesses: These folks are like the pros of the witness world. They have special knowledge, like doctors who can explain how bad your injuries are or engineers who can say why a bridge collapsed. Their job is to give an expert opinion that makes the case clearer. In Louisiana, their testimony can be a game-changer because they explain complicated stuff in a way that makes sense.

• Character Witnesses: These are people who know the injured person well, like friends or family. They can talk about what you were like before the accident and how it’s changed your life. For instance, if you used to play soccer but can’t anymore because of your injuries, their words help show the impact.

It is presumed under the LA Code Ev Art. 601 (2024) that:

"Every person of proper understanding is competent to be a witness except as otherwise provided by legislation.” 

Now, not every witness is seen as equally believable. A witness’s credibility—how much you can trust what they say—depends on a few things. If someone has a history of lying or being inconsistent, their statement might not hold much weight. Also, if they were distracted during the accident, like if they were on their phone, their memory might not be reliable. Health issues matter too. 

Factors Affecting Witness Credibility

When someone gives a witness statement in a personal injury case, not everyone immediately believes them. The court needs to trust that the witness is telling the truth and remembers things clearly. In Louisiana, a few things can make a witness seem more or less reliable, and these can significantly influence the court’s decision in a personal injury claim.

• First, a witness’s character matters a lot. If they’ve been dishonest before—like if they’ve lied under oath or have a record of such, lawyers might question their story. For example, if a witness says they saw a car accident but they’ve been caught exaggerating in the past, their statement might not hold much weight. This is a big deal because reliable witness statements are crucial evidence in establishing fault.

• Next, what the witness was doing right before the accident can affect how much people trust them. Imagine someone says they saw a car run a red light, but they were scrolling on their phone at the time. If they were distracted, their memory of the accident scene might not be accurate, which weakens their statement. Lawyers check for things like this to make sure the witness was paying attention to the events leading up to the crash.

• Health issues can also play a role. If a witness has a condition like dementia or a traumatic brain injury that messes with their memory, they might struggle to give a detailed account of what happened. 

According to the Louisiana Code of Evidence Article 804(A)(3), a witness is considered “unavailable” if they testify to a lack of memory about the event, which can make their statement less useful. Or, under Article 804(A)(4), if they can’t testify because of a physical or mental illness, their statement might not be allowed unless it fits specific exceptions, like former testimony or a statement against their own interest. These health-related issues can make it harder to use their words as valuable evidence in a personal injury case.

When is the Best Time to Take a Witness Statement

Timing is everything when collecting witness statements for a personal injury claim. The sooner you act, the better the evidence. Here’s why and how to do it:

• Act Fast: Right after an accident occurs, memories are fresh. Witnesses can recall details like which vehicle ran a stop sign or how the injured party reacted.

• Gather Contact Info: At the accident scene, collect phone numbers from anyone who saw what happened. Check police reports for additional witness information, as they often list bystanders.

• Memories Fade: People forget details over time, like the contributing factors to a crash. Talking to witnesses soon after the accident ensures a more accurate, detailed account.

• Work with a Lawyer: An experienced personal injury attorney can help secure witness statements quickly, before memories blur or witnesses move away.

Getting these statements early is a critical factor in building a successful claim, as they provide valuable evidence to support your case.

Consent to Recording of Witness Statements

Recording a witness statement can lock in their story, but you need to know the rules. Louisiana’s laws make this easier than in some states, but there are still things to watch out for:

• One-Party Consent: Louisiana is a “one-party consent” state, per La. Rev. Stat. Ann. § 15:1303(C)(3). This means you can legally record a phone conversation, like a witness statement, as long as one person (you) agrees to it—no need to ask the witness.

“It shall not be unlawful under this Chapter for a person acting under color of law to intercept a wire, electronic, or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. Such a person acting under color of law is authorized to possess equipment used under such circumstances.”

• Discovery Risks: Be cautious, though. Under Louisiana Code of Civil Procedure Article 1422, recorded statements that aren’t privileged are discoverable. This means the other party, like an insurance company, can access them. If a witness says something that weakens your personal injury claim, it could be used against you.

“Unless otherwise limited by order of the court in accordance with this Chapter, the scope of discovery is as set forth in this Article and in Articles 1423 through 1425. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.  It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”

• Smart Strategy: Listen to the witness first. If their story supports your case, ask to record it to capture crucial evidence. If it might hurt your case, skip the recording to avoid giving the other side ammunition.

This approach ensures you only preserve statements that strengthen your case, helping you establish fault without risking harmful evidence.

Preserving and Securing Witness Statements

Getting witness statements is just the start—you need to keep them safe and usable in court. Here’s how to do it right in Louisiana personal injury cases:

• Act Quickly: Secure witness statements as soon as possible after the accident. Delays can lead to faded memories, weakening the evidence.

• Stay Neutral: Ask questions in a non-leading way, like, “What did you see?” instead of, “The other driver was speeding, right?” This ensures an unbiased account that holds up in court.

• Document Properly: Statements can be written, audio-recorded, or video-recorded, but they must be clear and well-preserved to count as crucial evidence.

• Get Legal Help: An experienced personal injury attorney can handle the process, from tracking down witnesses to ensuring statements are court-ready.

Properly preserved statements can significantly influence a case, whether in settlement negotiations or before a judge.

The Role of a Personal Injury Attorney in Witness Statements

A personal injury attorney is like a guide through the maze of a personal injury case, especially when it comes to witness statements. Here’s how they help:

• An experienced attorney checks if witnesses are trustworthy, looking at their honesty or whether they were distracted during the accident.

• They can track down witnesses you might not know about, like someone listed in police reports or a bystander who saw the vehicles involved.

• Lawyers ensure statements are documented correctly, whether written or recorded, so they’re ready for court or settlement talks.

• They understand Louisiana’s complex personal injury laws, like discovery rules, to avoid mistakes that could weaken your case.

With an attorney’s help, your witness statements become powerful tools to build a successful personal injury claim and seek appropriate compensation.

Quantifying Damages with Witness Statements

Witness statements don’t just help prove who caused the accident—they also show how much harm it did, which is called quantifying damages. These damages include medical expenses, lost wages, and emotional distress. Here’s how witnesses help:

• Proving Physical Harm: Eyewitnesses can describe visible injuries at the accident scene, supporting your need for immediate medical attention or ongoing medical treatment.

• Showing Life Changes: “Before and after” witnesses, like family or friends, can explain how you were active before the accident but now struggle with daily tasks due to injuries.

• Highlighting Financial Impact: Statements can detail costs like medical bills or lost wages, helping the court see the full scope of your financial losses.

• Supporting Emotional Distress: Witnesses can describe how the accident affected your mental health, like anxiety or stress, which adds to your claim for compensation.

In Louisiana, having multiple “before and after” witnesses—spouses, kids, or friends—can significantly strengthen your case by showing the court the true impact of the accident.

Take the Next Step for Your Personal Injury Case

Your path to justice starts here. If you’ve been injured in an accident, the process of building a personal injury case can feel overwhelming, but you don’t have to go it alone. Burnham Law Firm is ready to help you deal with the complexities of your claim, from securing reliable witness statements to working with accident reconstruction specialists and medical records.

Don’t wait—time is critical in gathering evidence and building a strong case. Connect with Burnham Law Firm today for a FREE consultation to discuss your case and explore your options. Let us help you turn your story into a successful personal injury claim.