You are the most valuable asset in your personal injury case. That means that what you have to say about your accident, injuries, and how those things have impacted your life, is going to be extremely important. You are definitely in the spotlight in a personal injury case.
Although the vast majority of cases will end up settling, there is a possibility that your case will go all the way to trial. Should this happen, you, as the injured party, will definitely be called upon to testify. This can be extremely nerve-wracking, but your personal injury lawyer will help you prepare and will be there to “defend” you should the need arise.
Read on to determine what you need to know about testifying at your own personal injury trial.
Deciphering a Deposition
In many personal injury cases, you will take part in a deposition prior to your testimony at the trial. During a deposition, the other side will ask you about the details of your case. You are under oath during this process, so it is extremely important to be truthful.
You will likely be asked about:
If you have not chosen a personal injury lawyer, then you can read more about that process here.
Preparing for Your Trial: The Importance of Consistency
Most attorneys will start preparing you for your trial a week or two before the date. This gives you some time to go through the facts of your case and really nail down the information that you may have forgotten while the case has been pending.
Personal injury cases can take a long time, so it is not uncommon for years to pass between the actual accident, your trial date, and when you see a settlement.
Your personal injury lawyer will likely prepare you by going through your deposition transcript with you. Your transcript can be used to "impeach" you, so it is important that your testimony is consistent every time you are under oath. Impeaching basically means that the other attorney is trying to get the jury to question your credibility—to show that you were lying either now or at some point earlier.
The other way that your attorney will help you prepare is by giving you a copy of your answers to interrogatories. But remember that your answers can also be a means to impeach you. These were the questions that you answered at the outset of the case that asked about the key aspects of your case. Again, consistency is important.
If your testimony varies, then the jury will not be able to trust what you are saying. This can completely undermine your case. Be truthful at all times, and that will definitely help you maintain this consistency.
Also Read : The Top 4 Reasons to Call a Personal Injury Lawyer
Practicing Your Testimony
Your lawyer can also help you prepare by asking you practice questions and running through exactly what he or she plans to ask you in your direct examination. Having an idea of what is coming next can be extremely helpful to calm your nerves on the day of the trial. When you go through your answers, your attorney can point out any potential problems with your speaking style, memory, and even tone and voice issues.
One of the things that many plaintiffs find helpful is to practice cross examination. This is when the defense attorney will question you. These questions are different than direct examination question, and they may try and trick you. It is important to listen to question carefully before answering. Feel free to take some time to think before you answer. Having your attorney give you some sample cross examination questions can also be a helpful way to practice.
On cross-examination, you may not get a chance to fully explain your answer, but you should trust that your attorney will ask you about any clarifications needed when it is time for redirect questioning. A good personal injury lawyer will also not allow the defense to ask you inappropriate questions or bully you by objecting to questions appropriately.
Other Ways to Prepare: Ask Your Personal Injury Lawyer Questions!
Preparing for trial is a great time to ask your personal injury lawyer any lingering questions that you have about your case or about the trial. Be sure that you fully understand the theory that your attorney is trying to use so you are both on the same page. If you do not understand something—ask! This is your case, and your personal injury lawyer works for you!
At Scott J. Sternberg & Associates, we know how important you are to your case. Click here to find out more about our personal injury services.
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Although the vast majority of cases will end up settling, there is a possibility that your case will go all the way to trial. Should this happen, you, as the injured party, will definitely be called upon to testify. This can be extremely nerve-wracking, but your personal injury lawyer will help you prepare and will be there to “defend” you should the need arise.
Read on to determine what you need to know about testifying at your own personal injury trial.
Deciphering a Deposition
In many personal injury cases, you will take part in a deposition prior to your testimony at the trial. During a deposition, the other side will ask you about the details of your case. You are under oath during this process, so it is extremely important to be truthful.
You will likely be asked about:
- The day of the accident
- How the accident occurred
- Details about your injuries
- Your medical care
- Your rehabilitation
- How the injuries have affected your recreational activities
- How the injuries have affected your work or job
- Your medical bills
- Your answers to interrogatories
If you have not chosen a personal injury lawyer, then you can read more about that process here.
Preparing for Your Trial: The Importance of Consistency
Most attorneys will start preparing you for your trial a week or two before the date. This gives you some time to go through the facts of your case and really nail down the information that you may have forgotten while the case has been pending.
Personal injury cases can take a long time, so it is not uncommon for years to pass between the actual accident, your trial date, and when you see a settlement.
Your personal injury lawyer will likely prepare you by going through your deposition transcript with you. Your transcript can be used to "impeach" you, so it is important that your testimony is consistent every time you are under oath. Impeaching basically means that the other attorney is trying to get the jury to question your credibility—to show that you were lying either now or at some point earlier.
The other way that your attorney will help you prepare is by giving you a copy of your answers to interrogatories. But remember that your answers can also be a means to impeach you. These were the questions that you answered at the outset of the case that asked about the key aspects of your case. Again, consistency is important.
If your testimony varies, then the jury will not be able to trust what you are saying. This can completely undermine your case. Be truthful at all times, and that will definitely help you maintain this consistency.
Also Read : The Top 4 Reasons to Call a Personal Injury Lawyer
Practicing Your Testimony
Your lawyer can also help you prepare by asking you practice questions and running through exactly what he or she plans to ask you in your direct examination. Having an idea of what is coming next can be extremely helpful to calm your nerves on the day of the trial. When you go through your answers, your attorney can point out any potential problems with your speaking style, memory, and even tone and voice issues.
One of the things that many plaintiffs find helpful is to practice cross examination. This is when the defense attorney will question you. These questions are different than direct examination question, and they may try and trick you. It is important to listen to question carefully before answering. Feel free to take some time to think before you answer. Having your attorney give you some sample cross examination questions can also be a helpful way to practice.
On cross-examination, you may not get a chance to fully explain your answer, but you should trust that your attorney will ask you about any clarifications needed when it is time for redirect questioning. A good personal injury lawyer will also not allow the defense to ask you inappropriate questions or bully you by objecting to questions appropriately.
Other Ways to Prepare: Ask Your Personal Injury Lawyer Questions!
Preparing for trial is a great time to ask your personal injury lawyer any lingering questions that you have about your case or about the trial. Be sure that you fully understand the theory that your attorney is trying to use so you are both on the same page. If you do not understand something—ask! This is your case, and your personal injury lawyer works for you!
At Scott J. Sternberg & Associates, we know how important you are to your case. Click here to find out more about our personal injury services.
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