Testimony | Bert McDowell Injury Law | Bert McDowell Injury Law

Witnesses play a crucial role in many personal injury lawsuits, including car accident cases, slip-and-fall incidents, and defective product claims. Their statements, known as testimony, can serve as compelling evidence to help determine the outcome of a case. In Connecticut, as with other states, testimony is only considered valid when gathered under specific rules and procedures to ensure it is truthful and relevant.

What is Testimony?

Testimony refers to the formal statements a witness gives under oath. These statements are presented as evidence to support or refute claims in a personal injury case. However, not all statements made by a witness qualify as testimony. For a statement to be admissible as testimony, certain conditions must be met:

The Witness is Under Oath: The witness must swear to tell the truth, often on a Bible or another holy text, though Connecticut also allows witnesses to give a secular oath without any religious text.
Specific Questions are Asked: Attorneys ask focused questions to elicit factual answers. Open-ended questions are generally discouraged, as they may lead to irrelevant information or opinions.
No Speculation Allowed: Witnesses are restricted to stating what they personally saw, heard, or know for a fact. Speculation—guessing or filling in gaps—is not permitted in court.
Attorneys Can Object: During testimony, attorneys may object to questions or answers that are speculative, irrelevant, or designed to lead the witness to a particular response. This ensures that only factual and relevant information is considered.

When is Testimony Taken?

Testimony can be taken at two primary stages during a personal injury case:

During Trial: In a courtroom setting, witnesses testify under oath, and attorneys have the opportunity to object to questions or answers in real time. The judge then rules on these objections immediately.
Before Trial (Depositions): Depositions are a formal process where witnesses answer questions under oath outside of the courtroom. These sessions are recorded, and objections can be raised later before a judge. In some cases, portions of a deposition may be excluded from the official court record.

It is important to note that statements made outside of formal testimony—such as casual conversations or written notes—generally do not carry the same legal weight. In many instances, these statements may not be admissible in court at all.

Why is Witness Testimony Important in Personal Injury Cases?

Witness testimony can help establish key facts in a personal injury case, such as proving liability or demonstrating the extent of damages. For example:

Eyewitnesses may describe how a car accident occurred, helping to establish who was at fault.
Medical professionals may testify about the nature and extent of injuries, as well as the expected recovery process.
Expert witnesses, such as engineers or safety specialists, may provide technical insights into product defects or hazardous conditions.

Because testimony can significantly impact the outcome of your case, it is vital to work with an experienced personal injury attorney who understands how to gather, present, and challenge witness testimony effectively.

Contact Bert McDowell Injury Law in Connecticut

If you have been injured in an accident or due to someone else’s negligence, Bert McDowell Injury Law is here to help. We are dedicated to protecting the rights of personal injury victims across Connecticut. Our team has the experience and resources to build a strong case on your behalf, including gathering critical witness testimony.

Call us today at 475-231-3274 for a free consultation. We will evaluate your case, explain your legal options, and guide you every step of the way.

Don’t wait—speak with one of Connecticut’s trusted personal injury attorneys today and take the first step toward securing the compensation you deserve.