If you’ve filed a personal injury lawsuit, you may wonder, “Will I have to testify in court?” The good news is that most personal injury cases settle before reaching trial. However, in some situations, you may need to provide testimony in a deposition or in front of a judge and jury.
Many people worry about saying the wrong thing, facing tough questions from the other side, or reliving painful memories of their accident. But with the right legal guidance, testifying doesn’t have to be stressful. Your personal injury attorney will help you prepare, anticipate questions, and ensure your testimony supports your case rather than hurting it.
Understanding when and why testimony is required in a personal injury lawsuit can help ease concerns. Here, the New York personal injury lawyers at Hecht, Kleeger & Damashek, P.C. will explain when personal injury cases go to court, what factors lead to a trial, when testimony is necessary, and how a lawyer can help.
Do NY Personal Injury Cases Go to Court?
Most personal injury cases do not go to trial. Studies show that only a small percentage of cases, around 4 to 5%, reach the courtroom. The majority are resolved through settlements between the injured party and the insurance company.
Settlements are often preferred because they save time and money, provide a guaranteed outcome, and eliminate the stress of a trial. Insurance companies frequently settle rather than risk a more significant jury award.
What Factors Can Lead to a Personal Injury Trial?
There are situations where a case may go to trial. Some of the most common reasons include:
- Disputes over liability. The at-fault party or their insurer may deny responsibility or argue that you were partially or fully at fault, reducing or eliminating their payout.
- Severe injuries with high compensation demand. If your injuries are so severe that they result in long-term disability, lost income, or extensive medical expenses, the insurance company may resist paying the full amount.
- The insurance company refuses to offer a fair settlement. Some insurers delay, deny, or make low offers in hopes that victims will accept less than they deserve. If negotiations fail, taking the case to trial may be necessary.
Even if a case goes to court, testimony may not always be required. Attorneys can present evidence through medical records, expert witnesses, and depositions. If you need to testify, your lawyer will ensure you are ready.
Why You May Need to Testify in a Personal Injury Case
Testifying in a personal injury case isn’t always necessary, but there are situations where your firsthand account becomes a key part of the legal process. Whether in a deposition or at trial, your testimony can help clarify disputed facts, demonstrate the extent of your injuries, and support your compensation claim.
When You Might Have to Testify
- Some cases reach court because the parties cannot agree on liability or damages. When that happens, the court may need to hear directly from you to assess the facts and determine how the accident occurred, who is responsible, and what the impact is on your life.
- Insurers may argue that you were partially at fault for the accident or that your injuries aren’t as severe as you claim. Your testimony can provide crucial details about how the accident occurred, the medical treatment you received, and how your daily life has changed as a result.
- Even if your case doesn’t go to trial, you may be asked to provide sworn testimony during the discovery process. A deposition allows both sides to gather information and evaluate the strength of the case before settlement discussions or trial proceedings. The statements you make in a deposition can later be used as evidence in court.
Why Is Your Testimony Important?
Your testimony can play a crucial role in a personal injury case, helping establish what happened, who was at fault, and how your injuries have impacted your life. It provides insight into the accident, the severity of your injuries, and the financial and personal challenges you’ve faced. Testifying also helps counter insurance company tactics to minimize claims or shift blame.
While your statement is important, it is just one piece of the case. Combined with medical records, expert reports, and other evidence, it can strengthen your claim and make it harder for insurers to dispute your injuries or liability.
Preparation is key, and an experienced personal injury lawyer will ensure you know what to expect, help you practice responses, and present your testimony effectively so that it supports your case.
What to Expect If You Have to Testify in a Personal Injury Lawsuit
If you’re required to testify in a personal injury case, understanding the process can help. Whether you’re giving a deposition or testifying in court, your statements will play a role in establishing the facts and the impact of your injuries.
Types of Testimony in Civil Injury Cases
- Depositions: This is out-of-court testimony given under oath during the discovery phase. It typically occurs in an attorney’s office with a court reporter present. The purpose is to record your account of the accident and injuries, which can be used later in settlement negotiations or at trial.
- Trial Testimony: If your case goes to court, you may be required to testify before a judge and jury. Your lawyer will present your testimony as part of your case, and the defense will also have an opportunity to ask questions.
Who Will Ask You Questions?
- Your attorney will ask you questions to present your version of events and highlight key details that support your case.
- The defense attorney may cross-examine you to challenge your claims or create doubt about the severity of your injuries.
- The judge may ask clarifying questions to understand your testimony better, though this is less common.
What Questions Will They Ask?
- What happened before, during, and after the accident?
- What injuries did you suffer, and what symptoms did you experience?
- How have your injuries affected your daily life?
- Did you seek medical treatment? What was the diagnosis and recommended care?
- How much time have you missed from work due to your injuries?
- Are there activities or responsibilities you can no longer perform?
Your attorney will ensure you’re prepared to answer these questions confidently. They will help you focus on clear, honest responses that support your case while avoiding common pitfalls.
The Testimony Process in Personal Injury Cases
A deposition is sworn testimony given before trial, typically in an attorney’s office with a court reporter present. You will answer questions from your lawyer and the defense attorney, and your statements will be recorded for potential use in settlement negotiations or trial. While a deposition is less formal than court testimony, answering honestly and consistently is crucial, as any discrepancies can be used against you later.
If your case goes to trial, testifying in court follows a structured process where you will be questioned in front of a judge and jury. Your lawyer will guide you through direct examination, allowing you to explain what happened and how your injuries have affected you. The defense will then conduct a cross-examination, challenging your statements to weaken your claim. Your attorney may follow up with a re-examination to clarify any misinterpretations. Your demeanor, tone, and consistency are as important as your words, as they influence credibility.
Key Aspects of Testifying in Court
- You will be under oath, meaning your statements must be truthful.
- Your lawyer will ask questions first to present your case.
- The defense attorney will cross-examine you, potentially challenging your claims.
- A judge may ask clarifying questions if necessary.
- Your body language, clarity, and confidence impact how your testimony is perceived.
- Preparation with your lawyer will help you stay composed and ensure your testimony supports your claim.
How a Personal Injury Lawyer Prepares You for Testifying
Testifying in a personal injury case can be intimidating. Still, your lawyer will start by reviewing the details of your case with you, ensuring you understand the key facts and how they relate to your claim.
They will also walk you through what to expect, explaining the types of questions you’ll be asked and how to respond effectively. If the defense tries challenging your statements or creating doubt, your attorney will help you anticipate these tactics, so you’re not caught off guard.
In addition, your lawyer will also coach you on presentation and demeanor, ensuring your testimony is clear, credible, and composed.
Tips for Testifying in a Personal Injury Case
- Answer questions honestly and directly without over-explaining.
- Stay calm and professional, even under tough cross-examination.
- Speak clearly and confidently to make a strong impression.
- Avoid speculation—if you don’t know or remember, it’s okay to say so.
- Know courtroom procedures so you feel more at ease when testifying.
Will I Still Have to Testify If My Case Settles?
As previously mentioned, most personal injury cases settle before trial, meaning you likely won’t have to testify in court. However, you may still be required to give a deposition, which can play a crucial role in reaching a settlement.
A strong deposition can convince the insurance company that your case is solid, leading to a fairer offer without needing a trial. Your attorney will use your testimony, medical records, and expert opinions to negotiate the best possible outcome.
Personal Injury Testimony Can Strengthen Your Case
While testifying in a personal injury case may seem daunting, the right legal preparation can make all the difference in securing the maximum compensation you deserve. If you have concerns about testifying or need guidance on your New York personal injury claim, contact Hecht, Kleeger & Damashek, P.C. today to learn how we can help.
Initial consultations are free, and we work on a contingency basis—meaning there’s no fee unless we win.