Testifying at Your Personal Injury Trial
While most personal injury cases are settled before they go to trial, it’s important to be prepared to testify if your case is more complicated than others and ends up in court.
Below you’ll learn about what will happen during your testimony and how best to prepare.
Reviewing Your Discovery Testimony
Around two weeks before your trial, your lawyer will start preparing you to testify. First, they will give you a copy of your initial statement and answers you gave at examinations for discovery to review. Make sure to read these documents carefully so you remember in detail what you said earlier.
You want your trial testimony to be completely consistent with your previous testimony. If it isn’t, the defense lawyer will jump at the chance to point out contradictions, which will erode your credibility and your case.
Meeting With Your Lawyer
Now that you’ve reviewed your earlier evidence, the next step is to meet with your lawyer and prepare your trial testimony. A good lawyer will meet with you several times to make sure you’re prepared.
Each meeting usually takes a few hours and is split by a break. This ensures that you and your lawyer stay focused. If you feel unfocused at any point during preparation, especially if it seems to be taking all day, don’t be afraid to suggest splitting up the preparation over multiple meetings.
Your lawyer will go over the questions they will ask you and the order in which they’ll ask them. Depending on how this goes, you may meet with your lawyer several times before you are fully prepared. Even if this seems excessive, your lawyer is just trying to make sure you are ready for court so you can get the settlement you deserve.
Practicing Your Testimony
During these meetings, your lawyer will help you practice parts of your testimony. One meeting might cover background questions, while another might focus on what happened during the accident. They will also practice cross-examination with you so you are ready to deal with the defense’s questions.
Remember that cross-examination practice should make you nervous. Your lawyer will speak very close to you and look down on you to simulate what the defense lawyer will do during trial. They will also challenge you and point out your weaknesses. Although this may be uncomfortable, it is the best way to help you be prepared for court.
On the day before trial, you’ll do a run through of your case and practice everything from beginning to end.
Staying Focused In Court
During the trial, what you most want to avoid is any surprises. When you take the stand, you will already know which questions your lawyer will ask you and in which order. Your lawyer will also know all of your answers. Although you’re essentially working from a script at this point, you want the jury to believe you’re having an everyday conversation with your lawyer. Make sure to respond exactly as you planned out during your meetings.
Now that you’ve learned what happens during testimony, download our personal injury recovery kit to find out more, or contact us for a free consultation with a personal injury lawyer.
