When your car accident case goes to trial, you’re probably going to have to testify in some capacity. After all, you may be the only person who can speak to the moments leading up to the accident as and the harm that’s been caused to you. While the thought of testifying can be nerve-wracking, you might find yourself consumed with stress when you think about being cross-examined by the defense attorney.
It’s normal to feel that way. There’s an amount of inherent uncertainty when it comes to cross-examination, and we’ve all seen television shows and movies where the defense attorney corners a witness through effective questioning that leads to a “gotcha” moment where the case is completely derailed. Those moments are few and far between. But that doesn’t mean that you can go into your hearing unprepared. On the contrary, effective preparation is what’s going to lead to strong testimony on cross-examination.
There are some steps you can take to prepare yourself for cross-examination. This includes doing the following:
- Reviewing witness accounts: There’s a good chance that the defense is going to try to contradict your account of the accident with other witness testimony. By reviewing witness statements that were given to the police and depositional testimony that was taken from those witnesses, you can find areas where recollections of events don’t entirely match up. Once you’ve identified those issues, you know where you’re vulnerable to attack. Then you can think about ways to account for the inconsistencies so that you’re prepared for the defense’s questions on that point.
- Analyzing your medical records: The defense will also attack the cause of your injuries and the extent of your harm. To do so, they may turn to your medical records to argue that you have a pre-existing condition that accounts for your injuries or that you failed to disclose certain information to your doctor. By reading through these records with a critical eye, you can spot weaknesses in your case that the defense might try to exploit. That way you can go into court with a compelling explanation.
- Answering the questions asked: It’s easy to get flustered on the witness stand. But don’t let your nerves cause you to divulge more information than what’s asked of you. When the defense asks you a question, listen careful and provide enough information to answer the question. Then stop. If you volunteer information that wasn’t sought, then you might inadvertently say something that damages your case.
- Rehearsing: By working with your attorney, you’ll probably be able to figure out the questions that the defense intends to ask you. Once you’ve done so, you and your attorney can rehearse what cross-examination will look like. This practice can give you peace of mind since you’ll then know what to expect going into court and how to appropriately answer the toughest questions.
Be ready to advocate for your interests in your personal injury case
With so much on the line in your personal injury case, you have to be prepared heading into court. That can be stressful to think about, especially if you’re unfamiliar with the legal process, but adequate preparation can give you confidence heading into court and maximize your chances of winning your case. Therefore, don’t shy away from putting in the work necessary on the front end of your case to build a compelling legal strategy.