Direct examinations are a critical component of many personal injury trials. Understanding this process can help you better prepare for your own testimony and that of others called to serve as witnesses in your case. Here is what you need to know about direct examinations and their role in personal injury cases.
What is a Direct Examination?
A direct examination is an interrogation of a witness that an attorney calls as a witness. Direct examination often involves asking open-ended questions that allow the witness to tell their story in their own words, but it can also include questions that elicit a simple response, including “yes” or “no.”
Florida law states that direct examination should facilitate the discovery of the truth, avoid wasting time, and protect witnesses from harassment or undue embarrassment. If a witness is under 14 years old, the judge must “take special care” to protect them from questions that are in a form not reasonably understood by a person of that age and the witness’s understanding and take special care to restrict the unnecessary repeating of questions.
Generally, lawyers cannot ask leading questions during direct examination under Florida law. Leading questions imply a specific answer. There are exceptions, such as if it is necessary to develop the witness’s testimony or if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.
Purpose of Direct Examination in Personal Injury Cases
Direct examination is critical in personal injury cases. To win a personal injury case, the plaintiff must be able to show by a preponderance of the evidence that the defendant was negligent in causing their injuries. Lawyers can call various witnesses who can help establish this threshold and ask pointed questions to meet this burden.
Who is Subject to Direct Examination?
Any witness your lawyer calls on your behalf is subject to direct examination. This could include:
- You
- Eyewitnesses
- Responding law enforcement officers
- Friends or colleagues who explain how your injuries affect you
- Expert witnesses
The defense also has the opportunity to call witnesses, whom the defense attorney will directly examine.
Examples of Questions Lawyers Ask During Direct Examination
The specific questions a lawyer asks will depend on the type of case. For example, a personal injury lawyer’s questions after a car accident may differ substantially from those they ask about a construction accident. The questions will also be based on the particular circumstances surrounding the case.
Here are some questions a personal injury lawyer may ask during direct examination:
- What is your name?
- Did you see the accident?
- What did you see on the day in question?
- Where were you at the time of the accident?
- What were you doing at the time of the accident?
- What do you know about the accident?
- Did you see the defendant?
- What did you see the defendant do?
- What did you hear the defendant say?
- What, if anything, did you observe about the accident?
- What were you doing at the time of the accident?
- When did you notice the accident?
- Where were you located in relation to the accident?
A personal injury lawyer can help prepare you or witnesses for their testimony before trial.
Cross-Examination
After a lawyer finishes examining a witness, the other attorney has the opportunity to cross-examine them. Florida’s Rules of Civil Procedure limit cross-examination to the subject matter of the direct examination and matters affecting a witness’ credibility unless the court allows questions into additional matters.
Cross-examination aims to poke holes in the witness’s testimony and cast doubt on their credibility. Unlike with direct examination, lawyers are permitted to ask leading questions during cross-examination.
Here are some examples of questions a defense attorney might ask a witness in a car accident case during cross-examination:
- You said that it was raining the day of the accident, right?
- If you had your radio turned all the way up, how could you hear brakes screeching?
- You wear prescription eyeglasses, right? How can you trust that you saw what you say you did?
- Was either driver violating traffic rules, like posted speed limits, or driving erratically at the time of the accident?
- You were looking at your phone at the time of the accident, weren’t you?
- You were convicted of a crime involving dishonesty, weren’t you?
Your attorney has the right to object to inappropriate, irrelevant, or otherwise problematic questions.
An Experienced Personal Injury Lawyer Can Help
Experienced trial lawyers understand the rules of civil procedure and how to conduct effective direct examinations and cross-examinations. An experienced lawyer from Baggett Law Personal Injury Lawyers can help with this aspect and the rest of your case. Contact us today at (904) 396-1100 for a free, no-obligation case review.