Although only a very small percentage of personal injury claims end up at trial, it is important to be prepared and know what to expect if your case ends up in a courtroom. Direct examinations are an essential part of the trial process. Whether you are the victim or just being called as a witness, direct examination allows the lawyer to present evidence that supports their case.
Prior to trial, your lawyer should prepare you for direct examination so that you know exactly what to expect. Keep reading below to learn all the details about direct examination, including what it is, who may be questioned, and the types of questions that may be asked.
Table of Contents
What Is a Direct Examination?
Direct examination occurs during a trial when a lawyer questions their own witness. This means the lawyer calls a witness to the stand and gets the first opportunity to ask them questions.
Direct examination is typically the first time that a particular witness will speak in front of the judge or jury. This is the lawyer’s chance to elicit testimony from the witness that supports their case.
What Is a Cross-Examination?
Direct examination is typically considered “friendly” questioning. This is in contrast to cross-examination. During cross-examination, the lawyer questions a witness called by the opposing party, and the questioning is often very pointed and challenging.
During a personal injury trial, your lawyer will usually start by calling witnesses who can help prove that the defendant’s conduct caused your accident.
What Types of Questions Are Asked During Direct Examination?
The Maryland Rules of Evidence set certain criteria for the types of questions that are allowed during direct examination.
Are Leading Questions Allowed?
Typically, the lawyer is not allowed to ask their witness leading questions. A leading question suggests the answer as part of the question. For example, “You saw the defendant texting immediately before the accident, didn’t you?” would likely be considered a leading question.
What Questions Are Allowed?
Lawyers generally ask very open-ended questions during direct examination. This allows the witness to openly and honestly tell their version of the facts.
During direct examination, lawyers may ask questions such as:
- “Can you tell me how the accident happened?”
- “Can you please describe the injuries you suffered?”
- “Could you tell me how your injuries have affected your daily life?”
During direct examination, the judge or jury should be able to hear the witness’s story in their own words. This tends to add credibility and authenticity to their testimony.
Who May Be Called as a Witness for Direct Examination?
Generally speaking, anyone with firsthand knowledge of the facts of the case may be called as a witness. Additionally, expert witnesses may be called to help the judge or jury understand difficult or confusing items, such as technical specifications or medical implications. The specific parties who may be called will vary from one case to the next.
Some of the parties who may be called for direct examination in a personal injury trial include:
- The injured victim
- Doctors or medical providers who treated the victim
- Eyewitnesses who saw the accident
- Crash scene reconstructionists
- Vocational experts who can testify about the victim’s future employment outlook
The lawyer calling the witnesses has specific facts they are trying to prove. Each witness they call tells a piece of that overall story. The lawyer aims to prove the defendant’s liability for the accident and resulting damages.
How Does a Witness Prepare for Direct Examination?
Preparing for direct examination is crucial to telling your side of the story and winning your case. If a lawyer plans to call a witness for direct examination, that lawyer will typically spend time with the witness beforehand to help them prepare.
Remember that the lawyer does not tell the witness what answers to provide. The witness should always provide truthful and honest answers.
However, the lawyer is allowed to help the witness prepare by going through the types of questions they expect to ask them. This can help the witness remain calm and confident on the witness stand.
Additionally, the lawyer will usually help the witness prepare the types of questions that are likely to be asked during cross-examination as well. Cross-examination can sometimes get a witness hostile or frazzled, so being fully prepared is very important.
When Does Direct Examination Occur?
Direct examination is just a small part of the overall trial process. Most trials follow the same overall steps and process.
The general flow of a personal injury trial is as follows:
- Opening statements from each lawyer
- Presentation of plaintiff’s case (including direct examination and cross-examination of witnesses)
- Presentation of defendant’s case (including direct and cross-examination of defense witnesses)
- Closing arguments
- Verdict
Direct examination of the plaintiff’s witnesses typically is the first opportunity for the judge or jury to hear evidence in the case. This is why it is essential to be prepared for this questioning, as it can affect the jury’s early impression of your case.
Contact the Baltimore Personal Injury Attorneys at WGK Personal Injury Lawyers for Help Today
If you are going through a personal injury lawsuit, there is a chance your claim could end up at trial. If it does, you should be prepared to take the witness stand and go through direct examination.
The team at WGK Personal Injury Lawyers can help you with every detail of your claim, including getting you fully prepared for your direct examination. Contact us online or call (410) 469-9349 today to schedule a free consultation with a Baltimore personal injury lawyer and let us help you pursue maximum compensation for your injuries.
