Mr. Hastings concentrates his practice on civil and criminal litigation, real estate and business representation.
No matter how well prepared you are, it is impossible to predict what will happen when you give sworn testimony under oath for your personal injury lawsuit.
The best advice you can have is to relax, be yourself, take your time and give all answers truthfully and to the best of your knowledge.
The following list attempts to cover some of the general rules you should follow when giving sworn testimony.
1. TELL THE TRUTH
Honesty is the best policy and nowhere is this truer than while you are under oath. When you are unable to recall something with 100% accuracy you should avoid a yes or no answer and instead reply that you are testifying from memory and that your response is accurate to the best of your ability to remember.
2. ANSWER ONLY THE QUESTION ASKED
The best way to do this is by giving a very brief answer (one word or one sentence). If the question is: Do you know that time it is? The answer is not: It's 9:30 a.m. The answer is either: Yes or no.
3. DO NOT VOLUNTEER INFORMATION
Answer only the question asked. Offering information only creates potential problems.
4. FULLY ANSWER QUESTIONS THAT CAN HURT THE OTHER SIDE OR HELP YOUR CASE
If you are asked to list every activity that you cannot engage in now as a result of your accident, you should be prepared to give a comprehensive, all inclusive list. 5. USE THE NINE WORD MAGIC ANSWER
When asked by Defense Counsel "Is that all?", you should use the nine word magic answer - THAT IS ALL I CAN RECALL AT THIS TIME.
6. THINK ABOUT THE QUESTION
Think about the question before answering it. Remember the question,"Do you know what time it is?"
7. OBEY THE APPROXIMATION RULE
Use the word approximately when giving a time, date, speed, distance, etc.
8. DO NOT GUESS
You should never guess at an answer without explaining that you are approximating.
9. NEVER SAY NEVER OR ALWAYS
These words can be used against you and are not necessary to fully answer a question. 10. LET THE OTHER ATTORNEY FINISH ASKING A QUESTION BEFORE ANSWERING
Do not anticipate the question or interrupt opposing counsel.
11. POINT OUT WHEN YOU ARE INTERRUPTED
If you are interrupted by opposing counsel, let the attorney go ahead and finish speaking. You should then respond with "I'm sorry, but I had not completed my answer to the previous question."
12. WHAT TO DO WHEN YOU DO NOT UNDERSTAND THE QUESTION
You can tell opposing counsel that you do not understand the question and ask for clarification or ask to have the question restated or rephrased.
13. ALWAYS BE POLITE
Courteous witnesses make a positive impression on the listener.
14. CLIENT APPEARANCE AND DEMEANOR
You should dress and behave appropriately. Wear clothes you would normally wear for a celebration dinner or church. Witnesses who are neat, calm, articulate, and polite rarely go wrong.
15. TRAPS FOR THE PLAINTIFF
Questions regarding how much money you are looking for or what is meant in any of the legal documents are meant to trip you up. You should answer questions such as these by saying "You would have to ask my lawyer that question." If you are asked to state everything you can no longer do, you should state after you have listed those things, "That is all I can recall at this time."
The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.
It is very important that you contact an experienced personal injury lawyer, at the earliest possible moment, to protect and preserve your rights. Please contact Selectcounsel, LLC to find out how we can help you find one of the best lawyers in your area for your serious injury case.
- Related Articles
- Related Q&A
- Boston Personal Injury Lawyer For Injury Protection
- An Experienced Ny Personal Injury Lawyer Can Deal a Case Efficiently
- 3 Myths About Philadelphia Personal Injury Lawyers
- Common Traits Of Personal Injury Lawyer New York Specialized
- Getting Help Through an Injury Lawyer- Settling the Claim
- Online Injury Lawyer - Being in Touch Through Internet
- 5 Typical Situations When You Should Contact a Personal Injury Lawyer
- Personal Injury Lawyers in Melbourne Australia - Tips for Choosing the Right One




Claiming in a Sports Injury
By: Ayesha Salim | 01/12/2009Playing sport can be truly fun but can sometimes also be hazardous. Some injuries are non-preventable due to physical contact and lapses in judgement by players. Therefore there is a normal perceptive of the risks concerned between the players.
Life Jackets Save Lives In Florida Boat Accidents
By: Joseph M. Maus | 01/12/200985% of all fatalities in Florida boat accidents are due to drowning, and the majority of those deaths could have been prevented if the victim was wearing a life jacket.
Fatal Auto Accidents
By: Erich Shrefler | 30/11/2009If someone you love has died from a fatal auto accident, the loss can be overwhelming. However, you are not alone. Automobile crashes are a leading cause of death in the United States, resulting in around 40,000 lives lost every year according to the National Highway and Transportation Safety Administration (NHTSA).
Rollover Accidents
By: Erich Shrefler | 30/11/2009Trucks and SUVs have become popular in recent years, partly because many drivers believe they are safer in serious accidents because of their size. However, statistics indicate that SUVs especially are more likely to roll over in serious accidents.
Asbestos Litigation
By: Erich Shrefler | 30/11/2009Asbestos litigation makes up one of the largest subsets of claims in the field of personal injury law. In fact, it represents the longest running mass tort in our country’s history. In the past 50 years, there have been hundreds of thousands of individual and class action asbestos lawsuits filed in the United States.
The Dangers of Distracted Driving
By: Erich Shrefler | 30/11/2009Distracted driving is one of the primary causes of auto accidents today. It is estimated that between 4,000 and 8,000 car accidents caused by distracted driving occur every day in this country. Distracted driving is a factor in approximately half of the six million auto accidents occurring each year in the United States.
ERISA
By: Erich Shrefler | 30/11/2009As benefits start to dwindle and shift due to cutting costs, it is more vital than ever to start to learn and understand your benefits and your rights to them. Understanding ERISA and how it affects you is the first step in ensuring that you receive all the benefits you are entitled to.
FMLA
By: Erich Shrefler | 30/11/2009Many workers come back from unpaid leave to find their job given away or unavailable. Under United States law, an employee is allowed to take up to 12 weeks of unpaid leave in a 12-month period with job protection. These rules are laid out in the Family and Medical Leave Act that was passed in 1993 by congress and signed into by President Bill Clinton.
Acute Appendicitis and Risks For Misdiagnosis and Medical Malpractice
By: Richard Hastings | 24/03/2009 | Personal InjuryFind out the reasons for and causes of misdiagnosis of appendicitis and how it might present a medical malpractice case and what you can do about it. The appendix is a small tubular organ attached to the colon. It is located in the lower right quadrant of the abdomen.
What You Should Do If You Are Involved in a Motor Vehicle Accident
By: Richard Hastings | 24/03/2009 | Personal InjuryYou might be involved in a motor vehicle accident at some point, so it is important to find out what you should and should not be doing to help develop your personal injury case. The National Highway Traffic Safety Administration reports there were 6,024,000 police-reported motor vehicle accidents in 2007. There were 2,491,000 people injured on those accidents.
What Are Class Action Lawsuits?
By: Richard Hastings | 24/03/2009 | Personal InjuryFind out about class action cases and see if you have a class action lawsuit and determine whether or not you may be entitled to compensation. A class action lawsuit is a lawsuit brought by one or more Plaintiffs ("Representative Plaintiffs") on behalf of a larger group of others who have a common interest. These large groups can be businesses, consumers or injured people.
Lead Paint Poisoning - A Chronic Health Issue
By: Richard Hastings | 24/03/2009 | Personal InjuryMany children have suffered lead paint poisoning. Find out the symptoms and complications of lead paint poisoning and how you can go about getting compensation if your child has suffered lead paint poisoning.
Preparing to Testify For Your Personal Injury Case
By: Richard Hastings | 24/03/2009 | Personal InjuryNo matter how well prepared you are, it is impossible to predict what will happen when you give sworn testimony under oath in your personal injury case. The best advice you can have is to relax, be yourself, take your time and give all answers truthfully and to the best of your knowledge. The following list attempts to cover some of the general rules you should follow when giving sworn testimony.
Failure to Diagnose Or Misdiagnosis of Cancer Facts
By: Richard Hastings | 24/03/2009 | Personal InjuryAccording to the American Cancer Society's Cancer Facts & Figures, 2008, 1,437,180 Americans will have developed some form of cancer. Of those cancer victims, approximately 565,650 will succumb to the disease. Cancer may remain undiagnosed in its early stages when there may be virtually few or no symptoms. Another complicating factor to diagnosis of cancer is that, because it can involve any area of the body, symptoms can vary widely.
Informed Consent Elements and Patient Rights
By: Richard Hastings | 24/03/2009 | Personal InjuryAs a patient you have the right to be fully informed by your primary health care provider about any treatments or surgeries that he or she recommends. It is the legal responsibility of your physician to obtain your informed consent. If your doctor does not obtain your informed consent prior to any procedures and you have suffered adverse consequences, you may have the right to sue for damages resulting from medical malpractice.