Do I Have To Take the Stand if My Personal Injury Case Goes to Court?

Do You Have To Testify?

In cases when personal injury claims are settled outside of the courtroom, plaintiffs don’t have to worry about testifying. But if a personal injury case goes to trial, the plaintiff will likely need to testify.

No law requires a plaintiff to testify at a hearing, but the testimony can be beneficial.

Firstly, the plaintiff can establish how the accident actually happened. When the jury doesn’t have the plaintiff’s side of the story, the jury will have to depend on the defendant’s version of events to decide on the issue of negligence. The defendant’s account will likely not tell a story pointing to their negligence.

The plaintiff will also testify to explain the extent of the injuries from the accident.

The accident attorney will introduce documentary evidence to support their claims, like medical reports and bills, or call in experts to testify regarding the extent of their injuries. Still, nothing replaces the victim’s own testimony to convince a jury of their injuries.

Additionally, a doctor’s report explaining the plaintiff’s injuries may not have the same impact as a victim describing their injuries and how it’s affected their lives in their own words. Testifying can trigger sympathy from the jury and create a bond with the plaintiff.

Lastly, the jury must hear if the accident caused non-economic suffering. The jury frequently awards larger non-economic damages than economic damages. Non-economic damages such as pain, suffering, humiliation, and emotional distress cannot be verified through documentary evidence.

While the plaintiff’s testimony is vital to winning a personal injury accident trial, if you testify, it’s important to be confident about what you saw since the other side will perform a cross-examination. They will do their best to poke holes in your statements or attempt to discredit you.

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