When Do I Need To Make A Witness Statement And What Should It Contain?

If you are involved in an accident, it is possible that you may have to give a statement about what happened and the injuries that you have sustained. It may be that this statement is given to the police or your employer if the accident happened at work.

If you decide to bring a personal injury claim, a witness statement will need to be prepared as part of the Court proceedings. These statements have to be prepared in line with specific requirements set out in the Civil Procedure Rules and therefore it would not be possible to use the same statement you gave to the police or your employer as part of the Court proceedings. However, these are still useful evidence of what happened that can be used in support of your claim.

The purpose of a witness statement in Court proceedings is be your evidence-in-chief which means this is the main evidence that you want to present to the Court. Your statement should contain all of the information that you want a Judge to hear to be able to make a decision about your claim in terms of whether the Defendant is at fault and if this can be established, how much compensation you should be awarded.

It is important that your statement is complete as possible at the time it is prepared as you are highly unlikely to be allowed to present completely new information to the Court at a trial.

Whilst it is important that your statement is full and complete, this needs to be balanced with only containing information that is relevant to the issues that the Court needs to decide upon. Some background information can be helpful to establish context however it needs to be pertinent and assist the Judge with making a decision. For example, if the Defendant has already admitted fault for your accident, you would not need to give details of why you believe that they are responsible for the accident in your statement.

It is important that your statement contains the following:

• Your full name, address, your occupation and how you are involved in the proceedings
• What happened and how did it happen? This includes the circumstances of the accident, who was involved and (if relevant) what was happening immediately before and after the accident.
• It the Court needs to decide who was at fault for the accident, the reasons that the Defendant was at fault. If you have documents to support your case these can be added to your statement as exhibits.
• The details of the injuries that you have sustained included the treatment that you have had, your symptoms and whether or not they have progressed/improved since the accident
• A description of how your injuries have affected your life. This will cover work, whether you needed help with day-to-day activities, your hobbies and other day-to-day activities.
• A description of the financial losses that you have suffered as a result of the accident

This is by no means an exhaustive list and your lawyer will be able to advise you what should be contained in your statement to ensure that your case is presented fully to the Court.

Another procedural requirement is that your witness statement needs to be verified by a Statement of Truth. This is a declaration that you will sign confirming that you believe that the information contained within the statement is true to the best of your knowledge and belief.

The consequences for signing a Statement of Truth without an honest belief in the content of the document are severe and could include proceedings being brought against you for contempt of Court (with a punishment or a fine or even imprisonment) or your claim being found to be fundamentally dishonest which will result in your claim being struck out and an order for you to pay your opponents legal costs which are likely to be substantial.

It is therefore crucial that you thoroughly check that your statement is completely accurate before signing it.

A witness statement is a crucial part of Court proceedings in any personal injury claim and therefore if you are considering making a claim and have questions about this, we recommended that you contact a specialist personal injury lawyer as soon as possible for advice.

Our experienced personal injury lawyers are dedicated to supporting you every step of the way. If you’ve been involved in an accident and need advice on preparing a witness statement or pursuing a personal injury claim, we are here to help. Contact us on 0330 822 3451 today for clear, expert guidance.