Will I Have To Testify In My Injury Case?

Posted on: 7 November 2022


Going to court can be scary, even when you are on the side of justice. No matter how well your injury lawyer prepares you, it is normal to have a certain amount of apprehension when questioned by the defense or the judge. Unfortunately, there are no guarantees you won't find yourself in this position if you file a personal injury lawsuit. Sometimes testifying is necessary, and other times it may not be. 

When Is Testifying Not Required?

There is a good chance that your injury attorney will work out a settlement in your favor without going to court, and you will never have to testify. Only 3 to 4 percent of personal injury cases go to trial. The other party usually puts forth a settlement offer when liability is evident, or potential litigation costs exceed the payout.

Settlement can occur at any stage, including before you file your injury lawsuit. If the liability is apparent, the defendant may make offers once your attorney sends a demand letter. The language in the demand letter usually offers not to file a claim in exchange for a settlement. 

If you file a lawsuit, this does not negate the possibility of settling. Negotiations can continue. The defendants may wait until after the discovery phase to make an offer. At this point, most of the evidence is revealed, and it becomes clearer where liability lies.

When Is Testifying Required?

You will probably have to testify if your personal injury case goes to court. A hearing often happens if the defendant disputes the facts of your case. When disputed, your lawsuit will often boil down to your word about what happened against the accused. 

Your injury attorney will help you prepare your testimony in advance, but your testimony should show how the defendant is at fault for your injuries. Without your testimony, there may be no way to enter this information into the court's records.

The court may ask you about your physical health and the pain and suffering you endured due to the injury. No one can tell the court how you feel or have felt better than you. The court will use both the extent of your injuries and pain and suffering when calculating your compensation. 

Even if your case does not go to court, your attorney may solicit your testimony in a disposition. A disposition is a legally recorded interview to solicit your case information. Both sides then use this information to prove the points in their case.

For more information, contact a local personal injury lawyer.