Will my personal injury case need me to testify?
The very simple answer is “yes”. At some point you will be acting as a witness in your own case. However, do not worry! You are never acting on your own and you will not be required to figure it all out by yourself. Your personal injury lawyer in Ottawa from QTMG LLP will be by your side explaining, guiding, and protecting you from any unfair or improper questioning.
Being a witness in your own personal
injury case is unavoidable. The case is about “you” and therefore you need
to be heard from. When you think of the word “witness” you may only think about
being in a witness box in a Courtroom, being interrogated by a defense lawyer
attacking you with personal questions. It may surprise you to learn that you
will be a witness in many different ways long before you enter a witness box.
In fact, because a great many cases are resolved before they need to go to
trial, it is unlikely that you will need to enter a witness box.
In what
ways can you be a witness in your own personal injury case?
You are a witness through all of your medical records,
doctor’s reports, physiotherapy reports, and all of the documentary evidence
created as you seek services for health care, treatment, financial services.
Your accident lawyer in Ottawa will gather these documents
because they reflect the impact of the injury on your life. They witness the
impact of the incident on your life, your work, your family, etc.
Other ways that you might be a witness is through
examination for discovery. This is a pre-trial process where you can be asked
questions under oath by the opposing lawyer in the presence of your own lawyer
and a Court reporter. This process is quite common and is nothing to worry
about because you will be well prepared for the examination by your own
lawyer.
Another way that you may be a witness in your own case is
through written statements and affidavit evidence. These sworn documents can be
submitted to support your case and in some instances, you may be cross-examined
on these documents.
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