Will I Have to Testify in Court in My Personal Injury Lawsuit?

If you decide to pursue a personal injury lawsuit, there is a chance you could be required to testify in court or at a deposition. Although there is no legal requirement, your failure to give your side of the story may mean that you will not secure the best possible settlement. The prospect of testifying in court may be challenging for some people, but the good news is that most injury cases never go to trial. In fact, your attorney might be able to settle your case without the need of ever filing a lawsuit. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., a personal injury lawyer can help you resolve your claim either through a settlement or trial.

Why testifying at trial is rare

It is rare for a person who pursues a personal injury case to testify at trial. The vast majority of these claims are resolved before this is ever necessary– through a mutual settlement agreement. The defendant or their insurance company will offer a monetary payment in exchange for the dismissal of your injury claim.

Testifying during depositions

However, there are proceedings outside of a trial that could require testimony. These are known as depositions. This is a formal legal proceeding, but it does not occur in a courtroom. Also, unlike a trial, the judge is not present.

Instead, a deposition involves the parties to the lawsuit, their attorneys, and a court reporter. While less formal than a trial, it does allow the other side to ask you questions. So it is essential to be prepared. We ensure you are ready– to make sure it goes smoothly.

Testifying at trial

Testifying at trial can be an essential part of some personal injury cases. Further, the reasons a case might not settle can vary. Sometimes, the defendant cannot offer a reasonable settlement amount due to their financial situation. The defendant could also deny any liability. If your case goes to trial, we will do the heavy lifting to build the strongest case possible.

Never let apprehension about testifying block your recovery

Most people have never been involved in legal proceedings before, and many of them are intimidated by serving as a plaintiff in a personal injury case. While these feelings are understandable, they should never prevent you from securing fair compensation for your injuries.

Your personal injury lawyer can work to resolve your case without the need for a trial. It is not unusual for these cases to conclude before a deposition occurs, as well. In the rare instances in which a trial might be necessary, your attorney will prepare you for what to expect. Going into trial fully aware of what to expect will reduce your stress.

Contact us today

Let our firm help you prepare for the prospect of testifying during a trial or deposition. Contact the team at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to get started on your case.