Do I Have To Come To Court And Testify In My Personal Injury Case?
Do I Have To Come To Court And Testify In My Personal Injury Case? As a long time injury and accident attorney, I get the fear of getting up in front of people you don’t know, and talking about personal details. Let’s look at the likelihood of being a witness. If you go back and examine the numbers, it’s a safe bet to say that most personal injury claims don’t become “cases”. By that, I mean that the statistics reveal that most claims raised to or against an insurance company will resolve at some point through a settlement, or otherwise, prior to the initiation of litigation. Those statistics also show in that most cases where a lawsuit is filed also resolve at some point prior to trial. Nevertheless, a substantial portion of cases still end up in court. Some attorneys try more of their case other attorneys do, and if the case is going to trial, evidence in support of the claim must be marshaled, streamlined, and then, ultimately present to the finder of fact- a jury, or in some cases, a judge.
Over the years, I have been asked: “do I have to come to court to testify”? While I would imagine this question seems remarkable to most personal injury attorneys, it might not be as clear to someone who does not do this for a living.
“Of course you have to come to court to testify in support of your claims.”
The injured person is in a unique, indeed singular, position. They are the only individual that can adequately and fully convey the nature and extent of their injuries and the impact of those in on the normal course and flow of their life. Some litigants feel that they could have done a better job presenting their case. The reality is, in many ways, the only role of the personal injury victim at trial, is to give compelling, convincing, honest and succinct testimony about the facts of their case nature and extent of their injuries. If an injury victim doesn’t give testimony they wish the court to consider, the judge or the jury is not going to consider it. A personal injury lawyer cannot and will not do that for the injured person. As Attorney Eric T. Kirk will tell you.
Lawyers make arguments about what evidence means, they don’t create the evidence. In a personal injury case, the vital evidence is the nature and extent of an injury and the way it impacted the injured person’s life. Only the injured person can give this testimony. Similarly, the procedural rules impose discovery obligations- to provide information about the case, both documentary and otherwise. These can seem onerous for the litigants and for the attorneys. Litigation is an expensive, time-consuming and potentially lengthy process. Some individuals don’t want to be bothered with the obligation to provide information about their claim. Some litigants feel they are doing all the work on the case. Anyone embarking on a lawsuit against another person monetary compensation for personal injury must be prepared to appear in court and testify under oath regarding nature and extent of their injuries, and the effect of those injuries on the course and flow of their life. They need to be prepared to appear at depositions, answer questions, and produce documents. If an injury victim is not willing to participate in the process, they should reconsider the viability and importance of the claims they are making.
What Makes a Convincing Personal Injury Witness at Trial?
In a Baltimore personal injury trial, the weight of a case often turns not just on the facts—but on how those facts are delivered. A single compelling witness can tip the scales in favor of the injured party. Conversely, a witness who appears uncertain, evasive, or biased can cast doubt on otherwise solid evidence. When that witness is the one claiming injury, the “star witness” if you will, the stakes are higher. So, what makes a personal injury witness convincing to a judge or jury?
Baltimore Personal Injury Trial 101: Credibility and Honesty
Above all else, credibility is king. Jurors have a well-developed sense of when a person is being truthful. A convincing witness is someone who speaks plainly, answers questions directly, and does not appear to exaggerate.
- If a witness doesn’t know the answer to a question, the honest “I don’t know” often builds more trust than a guess.
- Inconsistent statements, even minor ones, can erode credibility fast—especially during cross-examination.
Jurors expect authenticity. They may forgive gaps in memory, but not efforts to obscure the truth.
Baltimore Personal Injury Trial 102: Consistency with Other Evidence
A powerful witness tells a story that matches the objective facts—photos, medical records, police reports, or surveillance footage. When a witness’s account aligns with what jurors can see and verify, that witness becomes a reliable narrator.
- Consistency over time is just as important. Discrepancies between deposition and trial testimony can be damaging.
- The most persuasive testimony often comes from lay witnesses—such as family, co-workers, or bystanders—who support the plaintiff’s version of events.
When multiple sources confirm the same timeline or injury impact, the story becomes difficult to dispute.
Baltimore Personal Injury Trial 103: Demeanor Under Pressure
Jurors watch not only what a witness says but how they say it. A composed, respectful, and non-defensive demeanor during cross-examination can bolster a witness’s perceived reliability.
- Avoiding sarcasm or argument with opposing counsel is key.
- Nervousness is understandable—but overt hostility or evasiveness is often fatal to credibility.
A calm and direct delivery signals confidence and truthfulness.
Baltimore Personal Injury Trial 104: Personal Knowledge
A convincing witness has first-hand knowledge of the subject matter. For fact witnesses, this means direct observation of the accident or its effects. For expert witnesses, it means demonstrable expertise and familiarity with the case-specific facts.
- Treating physicians often serve as strong witnesses because their interest lies in care, not compensation.
- Witnesses with only second-hand or speculative knowledge may be excluded or, worse, discredited on the stand.
The most impactful testimony comes from those with a clear and personal connection to the injury, recovery, or life changes.
A personal injury attorney can prepare the injured person for trial, and assist with the marshaling and presentation of evidence. A good attorney can make compelling arguments about what that evidence shows and what the results should be. The injured claimant must convince a jury they are entitled to those rewards.
I have handled thousands of injury and accident cases over the years. I extend a complimentary strategy conference, evaluation and analysis process that I employ in every personal injury case brought to us. Contact me today to begin this process. 410 591 2835.
Additional Resources:
Circuit Court for Baltimore City
1. Clarence M. Mitchell, Jr. Courthouse
- Address: 100 North Calvert Street, Baltimore, MD 21202
- Phone: (410) 396-5188
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Website: baltimorecitycourt.orgWikipedia+6baltimorecitycourt.org+6Maryland Courts+6stattorney.org+2Waze+2baltimorecitycourt.org+2
2. Elijah E. Cummings Courthouse (Courthouse East)
- Address: 111 North Calvert Street, Baltimore, MD 21202
- Phone: (410) 396-5188
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Website: baltimorecitycourt.org
🏛️ District Court of Maryland for Baltimore City
1. Eastside District Court (North Avenue)
- Address: 1400 E. North Avenue, Baltimore, MD 21213
- Phone: (410) 878-8500
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Website: Eastside District CourtWikipedia+2stattorney.org+2stattorney.org+2Waze+5Maryland Courts+5stattorney.org+5Maryland Courts+2Maryland Courts+2Wikipedia+2
2. Edward F. Borgerding District Court (Wabash Avenue)
- Address: 5800 Wabash Avenue, Baltimore, MD 21215
- Phone: (410) 878-8000
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Website: Wabash District CourtWikipedia+3Maryland Courts+3stattorney.org+3stattorney.org
3. John R. Hargrove, Sr. District Court (Patapsco Avenue)
- Address: 700 E. Patapsco Avenue, Baltimore, MD 21225
- Phone: (410) 878-8300
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Website: Hargrove District CourtMaryland Courts+4Maryland Courts+4stattorney.org+4stattorney.org+4stattorney.org+4Maryland Courts+4Maryland Courts+1Maryland Courts+1
4. Civil Division & Rent Court (Fayette Street)
- Address: 501 East Fayette Street, Baltimore, MD 21202
- Phone: (410) 878-8900
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Website: Fayette District CourtMaryland Courts+2ICarol+2Maryland Courts+2Wikipedia+2Maryland Courts+2Wikipedia+2
🏛️ U.S. District Court – District of Maryland (Federal Court)
- Address: 101 West Lombard Street, Baltimore, MD 21201
- Phone: (410) 962-2600
- Hours: Monday–Friday, 9:00 AM – 4:00 PM
- Website: mdd.uscourts.gov
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
