If you are injured in an automobile accident due to someone else's negligent actions, you need compelling evidence to prove your damages. One of the biggest parts of an evidence package is witness testimony. You and others may have to testify as a way to prove you deserve compensation after an accident. The following information are some things to keep in mind if you intend to testify:
Will Your Case Go to Court?
Some people are understandably nervous about the thought of testifying in court. One thing to remember is that many cases do not actually go to court. Insurance companies often wish to settle before a claim gets to a trial. However, in more complex cases or cases in which an insurer does not want to pay your claim, you may end up going through the legal process to obtain your compensation.
Should You Testify?
If your case moves into court, you then have to determine if you want to testify. Each case is different, and some cases do not always require a testimony from the accident victim. The decision will lie in the circumstances of your case and whether or not your testimony will have a positive impact on your outcome. If your case would benefit from your testimony, your attorney will likely advise you to do so.
If you do testify, keep in mind that the attorney for the defendant will have the opportunity to cross-examine you. Should your attorney believe that your testimony is not beneficial to your claim, or if your cross-examination can hurt the case, you may not be asked to testify.
Can You Be Forced to Testify?
The only way you can be forced to testify in court is if you are issued a subpoena. A subpoena is a court order that requires you to provide specific information about a case, including a testimony.
If you choose not to appear and testify after receiving a subpoena, you could face legal problems, including fines or even time in jail. If there is anyone in the claim who could suffer damages due to your unwillingness to take the stand, you could also be required to pay that party's damages as well, even the person who caused the accident in the first place. If you receive a subpoena to testify, it is best to comply.
If you do decide to testify, or if you are summoned by the court to testify, your attorney will work with you to help you prepare for the process. You simply need to state the facts of the case and only answer questions with factual, simple answers.
For more information, contact firms such as The Lombardo Law Firm.
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