Preparation Tips for Cross-Examination During Your Injury Trial

Your preparation for a personal injury trial should include preparation for cross-examination. During cross-examination, the opposing lawyer will ask you questions meant to weaken your case. Below are some tips on how to prepare for cross-examination.

Understand Your Claims

The opposing attorney will try their best to poke holes into your claims. For example, the lawyer might want the judge or jury to think that:

• You are dishonest
• You exaggerated your claims
• Your memory is unreliable

Review any statements or claims you have made to the defendant. For example, in the case of an auto accident claim, you should know:

• Where you were driving
• The injuries you suffered
• The treatments you have received
• The time of the accident

Your goal is to understand your claims inside and out. That way, you won't give a wrong answer and weaken your case.

Be Honest

Don't lie or embellish your things when answering questions. Complete honesty will help you in several ways. For example:

• Honesty will help you be consistent
• Honesty will prevent the other lawyer from discovering lies in your statement
• Dishonesty can attract contempt-of-court charges since your cross-examination takes place under oath

Take your time to think whenever the cross-examiner asks a question. You won't receive any marks for fast answers. Don't guest your answers. Don't be afraid to say you don't know something if that is the truth.

Stick to the Facts

Stick to the facts of the case as much as possible. Don't offer your opinions. For example, if you had taken two glasses of wine before getting behind the wheel, you should state as much in your answers. Don't provide a guestimate if your memory is foggy or you weren't keeping track of your drinks. Otherwise, you might provide the defense with ammunition to weaken your case.

Stay Calm

The lawyer handling your cross-examination has probably handled numerous similar cases and has thoroughly prepared for your case. Lawyers use different tactics to win cases. For example, the lawyer might try to get some emotional responses from you to get you to deviate from your pre-trial preparations.

Thus, you should make a conscious decision to stay calm throughout the cross-examination. Don't take it personally if the lawyer says or does things to get you angry, sad, or excited. Stay business like, and you can make it through the cross-examination with minimal damage to your case.

Listen to the Questioner's Words

Listen to the actual words of the questions. Forget about the lawyer's mannerisms, tone, or gestures. Some lawyers use such tactics to get the reactions they want. For example, a lawyer might sneer at you while asking about the number of drinks you had taken before the accident. Forget about the sneer and answer the question consistently with your proper claims.

Be Concise

Lastly, you survey cross-examination by answering the questions - and nothing else. The lawyer will be listening keenly and watching you as you talk. Don't offer clarifications or explain things. The more you talk, the more likely you are to make a mistake and hurt your case. Stick to yes or no questions as much as possible.

Consider a case where the lawyer asks if indeed you had carried a box of groceries despite your back injury claim. Say yes, if you had carried the box, and no if you hadn't. Don't start explaining that the box was not that heavy or that

you had only carried a couple of boxes.

The above are just a few general tips to guide you. Borbi, Clancy & Patrizi, LLC can give you specific tips, depending on your case. Consult us for help with any injury case you have and benefit from our decades of experience.