How Should I Prepare for Trial as a Plaintiff
When you are injured or have property damaged due to someone else’s negligence, you are entitled to seek compensation for your losses. The first option would be to file a claim against the at-fault party’s insurance carrier.
After all, that is what insurance is for, especially liability insurance for car owners.
If the claim is approved, you get a settlement, and the case is closed. However, if there is a dispute over who is at fault or the amount that you’re due, your only option might be to file a civil lawsuit. That is when you become a plaintiff.
In legal terms, a plaintiff is defined as “a person who brings a case against another in a court of law.” Conversely, the insurance carrier and the at-fault party become defendants. Once you agree to move your claim into a civil court, it will help to get the backing of a skilled Jackson personal injury attorney like the ones you’ll find at Pittman, Roberts & Welsh, PLLC.
Our legal team has over 125 years of combined experience in representing clients in civil court. If you’re considering taking civil action, it will help you to understand how to prepare for trial as a plaintiff.
What Is Your Burden of Proof in a Civil Trial?
When you file a lawsuit and become a plaintiff, the defendants in the complaint will respond with a variation of “prove it.” That is your burden of proof. You and your personal injury attorney have to present the collected evidence that supports your version of the accident.
The standard for establishing your proof is by a preponderance of the evidence.
In a criminal trial, a defendant needs to be found guilty beyond a reasonable doubt. That is a higher standard of proof. In civil court, you only have to prove by your evidence that it is more likely than not that the at-fault party is guilty. For instance, if a driver speeds through a red light and collides with your car, they might argue that they thought the light was green.
However, traffic surveillance cameras clearly show the light was red. Regardless of what the defendant claims, it is more likely than not that they ran a red light.
What Evidence Do You Need as a Plaintiff?
In preparation for your trial, your attorney will gather all the relevant evidence related to your accident.
A lot of that evidence will be provided directly by us.
Other exhibits will come from outside sources that your attorney will have access to. This is another vital reason why you want the support of an experienced lawyer. They will be able to track down relevant evidence that you might not even be aware of that exists.
The critical evidence that you have to present as a plaintiff includes the following:
- Accident crash reports
- Your photos and videos of the accident aftermath
- Surveillance footage, including traffic cameras, dashcams, and any business or residential security footage
- Medical records
- Pay stubs
- Witness testimony
- Expert reconstruction
Preparing to Testify
A defendant is under no obligation to testify on their behalf. They know that in doing so, they open themselves up to cross-examination by the opposing side. As a plaintiff, you will most likely be called on to testify. This is not something that will come as a surprise.
In fact, your testimony will play a crucial role in your presentation. You’ll be able to speak about the events that led to the accident and what you experienced.
More importantly, your testimony will be an opportunity to share with the jury about how the injuries and damage you sustained because of the defendant’s actions have impacted your life.
Before you testify, you and your attorney will go through several practice sessions. They’ll provide you with the exact questions they’ll ask you and how best to frame your answers. They will also take on the role of the opposing counsel and practice a cross-examination. There is nothing to be intimidated by a cross-examination. You just need to answer the question asked of you truthfully without elaborating.
In other words, “yes” or “no” are acceptable and complete answers. When you take the witness stand as a plaintiff, you always want to tell the truth and speak clearly. It’s also essential to maintain eye contact with the jury. These are the people you’re telling your story to.
Making eye contact reinforces your trustworthiness.
How Should You Get Ready for the Courtroom?
Attending another trial will help you familiarize yourself with courtroom procedures.
Most courts are open to the public. You don’t need special permission to sit in on a trial. If you observe a trial, you’ll become familiar with the procedures, such as when to rise and sit, and how to address the court or judge.
You should also dress for each court appearance as if you’re going for a job interview. It is also important to be on time. Judges adhere to a schedule of their own making and don’t like it when delays occur.
When you retain the services of Pittman, Roberts & Welsh, PLLC, we’ll ensure that you will be completely ready for your court appearance. Our years of litigation experience enable us to prepare for any line of questioning or potential challenge. The most important thing to keep in mind is that we will not enter a courtroom unless we’re confident that we will win.
If you want to learn about all your options as a plaintiff, call to set up a consultation today.