If I Sue For My Injuries, Will I Have To Testify In Court?

By Author: Leonard Simmons
Total Articles: 152
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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, what this means is: If you are accusing anther individual of negligence, you will be required to provide the court with testimony to effectively evidence the defendant’s liability.
In a civil litigation action, it is always the responsibility of the plaintiff to provide the courts with the burden of proof to corroborate the claims of liability against the party being accused of negligence – or 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. And, as a result, it will be you, as the plaintiff, who will be required to provide the courts with the burden of ...
... proof that solidly places the liability for damages upon the defendant.
Depositions – or recorded statements – are taken at the onset of a personal injury action, and they can be utilized to negotiate a settlement with the defendant’s attorney(s) and insurance company, before the case is taken before the courts. However, if pretrial negotiations fail to achieve an amicable 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 and/or dishonest complainants.
Again, as the plaintiff to a personal injury action, 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 long and short of pursuing a civil complaint is that plaintiffs claiming damages will be required to testify before the courts. 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, businessman or co-worker and demand compensation from the courts without providing solid testimony and evidence to justify the award. So, if you are considering an auto accident injury claim, contact an attorney. A legal professional can help you organize your case and, perhaps, eliminate the fear of speaking before the court.

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