Will I have to testify in my personal injury case?

If the defendant in your personal injury case denies liability, you may need to testify in order to establish the defendant’s negligence. You won’t necessarily have to testify in court, however. Most personal injury lawsuits that are filed are settled prior to trial.

Depositions

Provided that your case is resolved prior to going to trial, you will likely need to provide a deposition. This means that you will testify under oath, with a lawyer asking you a series of questions. Depositions are typically held at a law firm office with the attorneys, all parties to the lawsuit, and a court reporter in attendance. As with a courtroom trial, attorneys for both the plaintiff and defendant have the opportunity to conduct an examination, and object to any improper questioning. Since there is no judge present to rule on these objections, the objection is simply noted on the record.

Depositions are used to gather information, including:

  • Learning about the strengths and weaknesses of your case.
  • Obtaining critical information about your case.
  • Assessing how an individual will testify at trial.

Testifying at Trial

Of course, some lawsuits don’t get settled. If there is a disagreement over who caused the accident or a dispute regarding the amount of compensation that is appropriate, there may be a jury trial.

If you proceed to a jury trial, you may need to explain the injuries you have sustained to a jury. This is important, because if you fail to testify the jury will only hear the defendant’s side of the story. If there is insufficient evidence of the defendant’s negligence, the jury is unlikely to find in your favor. Thus, your testimony may be crucial to securing a favorable outcome for your case. No one can explain the pain and suffering you’ve experienced better than you can, so the jury needs to hear from you.

You Need a Lawyer

If you’ve been injured, you need the skilled representation of an experienced attorney. Whether you give a deposition or testify in court, your attorney can guide you through the process. Contact the Law Office of Ben Crittenden, P.C., by clicking the Live Chat button on this page.