At this point, you may have tried to settle your personal injury case and it was not successful.  So your attorney has given you a tentative trial date.  He may tell you that on this date he will be called to pick a jury.  And he tells you that he wants you there in case they pick a jury quickly.  If you case is in Supreme Court there will be six jurors who will hear your case, five on your side will be needed for a Plaintiff verdict.  If you are in federal court you will need to convince eight jurors of the merit of your case.

Let’s say that he has picked the jury and there was a judge available to hear the case and begin the trial.  You attorney is assigned to the Courtroom, the judge will hear any preliminary motions on the record (meaning a court reporter will be writing down all that is said), in fact during your trial there will be a transcript that is created about everything that is said.

The preliminary motions are held outside the hearing of the jury, but not outside of you.  Ask your lawyer if he wants you to sit with him at the table.  In federal court you will probably be directed to sit with your attorney at the conference table.

The preliminary motions may deal with rules of evidence and things that one side or the other wants precluded or included at trial.  There may be objection to certain witnesses or the judge may ask routine information such as the order of witnesses copies of trial exhibits, etc…. the trial exhibits are important as is all testimony that comes into trial.

What you said at the time of trial, is evidence.  What is important is your credibility.  Jurors are to weigh evidence that is to say decide on what facts are true or untrue.  The judge at the end of the trial will read a jury instruction to the jurors and what the law they are to follow is.

Your attorney will now go first for opening argument.  Then the defendant lawyer will go.  Opening argument is not facts it is argument and basically it is the opportunity for your lawyer to put out what he shall prove at trial.  The evidence will show ladies and gentlemen.  Like that…

After opening arguments you will probably be called as the first witness.  After all it is your personal injury case or medical malpractice injury cased by a doctor or hospital negligence.

DIRECT TESTIMONY ON YOUR PERSONAL INJURY CASE

Your lawyer will take time to develop your testimony allowing the jurors an opportunity to get to know you.  He will ask you direct questions.  He cannot lead your testimony – so talk.  Answer the question, advocate for yourself.  Do not be fearful, be confident and speak with confidence.  Add beyond the question relevant information that will help the jurors to understand what happened, how you felt, what you saw, in essence you can testify to what is you (personal knowledge!)

Usually, but there are exceptions…you cannot talk about what another person said.  This is called hearsay.  Hearsay is a statement other than the declarant (person who said it), for the truth of the matter…Basically you will testify to what you know, felt, saw, and personally experienced and said.

Now is the time to speak.  This is your opportunity.  Speak clearly, forcefully, with confidence, and be natural.  Be yourself.  Listen closely to the question that is asked.

CROSS EXAMINATION ON YOUR PERSONAL INJURY CASE

Now the lawyer for the Defendants will go, and ask you questions related to the questions already asked.  The scope of his examination on cross examination must be related to the questions asked on direct examination.

Your lawyer may redirect your question to rehabilitate your testimony after cross examination.  And this method of exam will proceed with other witnesses who are called.

Be in the courtroom during trial.  Let the jurors know you are there.  Dress well and conservatively.  Be respectful to the judge and jury.  Once trial begins you nor your lawyer are permitted to speak or even say hello to any of the jurors.  Talking to a juror could result in a mistrial or the juror being removed from the panel, and the judge having to question the other jurors if they heard the conversation and or were influenced by the conversation.

Basically all parties all lawyers and the Judge wants to insure that there is a fair trial for both sides and that no one has an unfair advantage.  If you hear and objection by the lawyer wait until the judge rules on the objection.  The judge will say sustained meaning the objection is upheld or overruled meaning the objection is not permitted and you are to answer the question as asked.

Listen….most people are a little nervous at trial.  Your blood pressure may go up, and you may be on the edge of your seat.  Use this energy to your advantage.  Believe in yourself, believe in your case.  There are no guarantees, but you will have your day in Court and the system as it is set up towards working fairness, will now work for you.

A parting word of advice.  If you get a good verdict in your favor it may take time to resolve the issues on appeal.  Be patient.  If you loose, it will hurt emotionally for a couple of days.  It can be quite a blow, after all the pain and suffering, all that preparation.  But take heart after a couple of days the pain of loosing will lessen considerably.

Prepare, review your prior testimony before trial, which was taken during the deposition.  Get a good night’s sleep, and have something healthy to eat in the morning.  And be prepared to speak your mind.  Advocate for yourself.

Being a witness in your personal injury or medical malpractice case was originally published on Manuel Moses Law Office – New York, NY | Personal Injury Attorney | Free Consultation (212) 736-2624 Ext. 11

Being a witness in your personal injury or medical malpractice case was originally published on Manuel Moses – Personal Injury Attorney NYC

Being a Witness in Your Personal Injury or Medical Malpractice Case was originally published on Manuel Moses – Personal Injury Attorney NYC