If I Sue for My Injuries, Will I Have to Testify in Court?

Part of the process of bringing a personal injury lawsuit against another individual for negligence is providing testimony to substantiate the claims of injuries and losses. In the American judicial system, parties to a legal action are permitted to question the accounts of opposing litigants in order to determine which party is more rightfully responsible for the damages incurred. Essentially, this means that you are accusing another individual of negligence and you will be required to provide the court with testimony.

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In a civil litigation action, it is always the responsibility of the plaintiff to provide the courts with the burden of proof to corroborate liability claims against the defendant. Whether you were involved in an auto accident or you are making a claim against a homeowner on a dangerous premises charge, your testimony will be the key component upon which the case will be based. As a result, it will be you, the plaintiff, who will be required to provide the court with proof that solidly places liability upon the defendant.

Depositions – or recorded statements – are taken at the onset of a personal injury action. They can be used to negotiate a settlement with the defendant’s attorney and insurance company before the case is taken before the courts. However, if pretrial negotiations fail to achieve a fair settlement, taking the matter into the courtroom and testifying before the judge will be required. It is wise to be aware that, at this point, your deposition testimony will be used during the court proceedings to corroborate the statements that you make while on the stand.

This method of comparing deposition and on-stand statements is utilized to ensure testimonial consistency – and to foil the ambitions of frivolous or dishonest complainants.

As the plaintiff, it is your obligation to provide testimony to establish the burden of proof, which is determined “by a preponderance of the evidence.” In civil matters, the judge and jury need only be convinced that the defendant was, by all logical conclusions, connected to the civil wrongdoing, in order to find them liable for the damages claimed. It does not mean that the defendant will be made to face any criminal penalties, though, because a civil matter is not the same as a criminal action:

• Civil infractions are torts – or wrongdoings – against individuals
• Criminal infractions are wrongdoings against the state and local governments

The American judicial system was established to provide a fair and equal playing field for plaintiffs and defendants alike. A complainant cannot simply take issue with a neighbor, business or co-worker and demand compensation from the courts without providing solid testimony and evidence to justify the award. So, if you are considering a personal injury claim, contact an attorney. A legal professional can help you organize your case and, perhaps, eliminate the fear of speaking before the court.

The Bressman Law Firm represents clients in Columbus, Ohio as well as Upper Arlington, Dublin, Grove City, Reynoldsburg, Gahanna, Westerville, Worthington, Hilliard and throughout the State of Ohio.