Will You Need to Testify at Your Personal Injury Trial?
July 22, 2021
It is important to note most personal injury claims do not make it all the way to trial. Claims are either resolved before a lawsuit is filed or before a trial begins. Sometimes the insurance company makes a better offer after a lawsuit is filed and the victim agrees to the offer. Other times, the case is resolved through pre-trial arbitration or mediation.
However, in the unlikely event of a trial, victims are often concerned about having to testify. While every case is unique, your lawyer is probably going to need you to testify.
Below, learn more about when testifying may be necessary. If you have questions about your claim, give Phillips Law Group a call to schedule a free legal consultation. Our experienced lawyers are here to answer your questions and explain how we may be able to assist you.
Why You Likely Need to Testify
For the most part, you should expect to testify if your claim makes it to trial. However, the trial could start, and the insurance company could offer a settlement. If you and your attorney like the offer, you could accept it and end the proceedings right there.
Settlement offers often come after the discovery phase when both sides gather evidence. When the lawyer for the at-fault party gathers evidence, liability may become clear and the lawyer may recommend settling, thinking there is little to no chance of winning the case at trial.
However, if the trial proceeds as scheduled, your attorney will likely need you to testify to explain what happened and why the other party should be found at fault. Personal injury cases often come down to the victim’s word against the other party’s word. Your testimony can be just as important as medical records, pictures, video footage, and testimony from other witnesses. Having the victim confirm the information in his or her medical records can help strengthen a claim.
Your testimony is also important in establishing the value of your damages. In a trial, the jury decides how much compensation to award. Their calculations are often based, in part, on the victim’s testimony. The amount of compensation awarded for pain and suffering is often based on how persuasive the victim is when he or she testifies. There is no set value for pain and suffering, as it is subjective.
Preparing to Testify
At Phillips Law Group, we understand the prospect of testifying at a trial is intimidating. However, you can rest assured that we have been through many trials and know how to prepare you to testify.
We are here to answer your questions and explain what you can expect, including the types of questions the attorney for the other party is likely to ask and how to answer them. Our attorneys have been doing this for many years and we know how to protect the value of a claim. Discussing things beforehand and explaining what to expect can offer peace of mind to injury victims.
One of the things your lawyer is likely to recommend is providing clear and concise answers to questions and avoid rambling on. You need to avoid exaggerating or embellishing things.
Need Help Dealing with the Insurance Company? Call Phillips Law Group
You do not need to stress yourself out battling the insurance company after suffering an injury caused by another’s negligence. You can hand your case over to a trusted attorney and he or she can deal with the insurance company on your behalf.
Phillips Law Group’s licensed personal injury lawyers in Phoenix are ready to help you pursue the compensation you need. Our attorneys have decades of combined experience, and our firm has obtained hundreds of millions on behalf of personal injury victims.
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