You’ve already gone through a lot as a personal injury plaintiff, before even getting to the point of interacting with the defense attorney in a trial setting. When you file a lawsuit, it’s important that you understand that you are giving up some of your privacy and permitting another person to constantly challenge and undermine you. That is part of dealing with the opposing counsel. If you have a good personal injury lawyer, he or she will fully prepare you on what to say and how to handle yourself in the courtroom, from what to wear to what to say and what not to say. Here are a few ways you should plan on handling the defense attorney in particular, in order to maintain your composure and keep from hurting your case.
The Questioning
The larger and more severe your case is, the more you should expect the defense attorney to ask questions that are intrusive and which require a lot of detail, and information that often requires you to pull from your memories. They will want you to provide a lot of information, regardless of whether or not it is strictly relevant to your case. These questions may include:
- ● Current or past jobs that you have held
- ● Personal and romantic relationships
- ● If you have filed lawsuits or worker’s compensation claims in the past
- ● Contacts for doctors you have seen in the past 10 years or longer
If a piece of information could lead to a detail that could lead to another detail that might matter in the case, then rest assured the other attorney will ask it.
Behind the Scenes
It is the goal of the defense team to try and catch you in a situation or statement that may compromise the standing of your case. And they aren’t afraid to go deep to do so. Insurance companies have been known to hire a private investigator to follow a plaintiff around to try to ‘catch you out’.
This is another reason that anyone who is or might become involved in a personal injury case should not write anything about their injuries or details of the lawsuit on any form of social media. Anything posted online can and will be used against you, even if it is taken out of context.
The Motivation
Whatever the defense attorneys do, from behind the scenes stakeouts to grilling on the stand, is designed to weaken your case in any manner possible. Answer the questions calmly and in a straightforward manner, even if they feel insulting or intrusive. Remember that your personal injury attorney is standing right there ready to object on your behalf if the opposing counsel goes too far.
Well before the actual trial, your lawyer will spend a lot of time preparing you to meet the defense attorney’s questions without feeling rattled. The best thing that you can do to deal with a defense attorney during a trial is to ready yourself for anything, and above all: maintain your composure.
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