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What Is A Witness Statement?

Document for trial

A witness statement is your word to the court about the circumstances of the accident, how your injuries have affected your day to day life and any losses that you have incurred as a result of the accident.

It is vital that all aspects of your witness statement is true and accurate as you will be cross examined on the contents of the statement by the other side should your claim eventually reach court.

Frequently asked questions

  1. When do I need to give a witness statement?
  2. Do I write the witness statement?
  3. How do you write a witness statement?
  4. Can I change my witness statement?

1. When do I need to give a witness statement?

If the opposition disputes liability for the accident and there is no agreement during the negotiations, then your solicitor may likely advise you to issue for court proceedings. This simply means taking the opposition to court to let the judge decide the liability and the compensation to be awarded, if any.

As part of the court directions, the court will send you instructions to gather your evidence. Once all of your evidence to present the claim is obtained, you will be required to put together your witness statement.

2. Do I write the witness statement?

You, the claimant, will write your witness statement. However, with your instruction, your solicitor can assist you or even write this for you on your behalf.

Helping you write your witness statement is best done with your solicitor in person. We understand that this may not always be possible, i.e. you live too far away from us. We can also use Skype video calls or phone calls as alternative means of communication if required.

3. How do you write a witness statement?

Your solicitor will assist you with this. You will find a general guideline on how to write your witness statement here.

Whilst much of the information will already be on our file, we may have to discuss various aspects of your claim with you to make sure that the witness statement is as detailed as it can possibly be.

A good statement often leads to a swift settlement without the necessity of having to attend court.

Lastly, the more detailed your statement is, the more likely you are to be awarded the maximum compensation should your case be successful.

When the witness statement is complete and you are satisfied with what is written, the statement will need to be dated and signed by you. This tells the judge that you believe all the facts that you have stated in the statement are true.

4. Can I change my witness statement?

You have until the final court hearing date to make as many changes to your witness statement as you want.

As mentioned earlier, it is vitally important that all aspects of the statement remains true and accurate as you will be cross examined on this by the other party if your case reaches the court.

Please note that at court, you are not usually allowed to add further evidence to your statement.


This page was last updated on 8th August 2016. This is a disclaimer to say that although we do make an effort to ensure that information contained on this website is accurate and up-to-date, we would like to remind you that this information is subject to change without notice and that we can accept no liability for the accuracy and/or inaccuracy of the information contained on this website at any given time.

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