Testifying in an Illinois workers' compensation trial
Testimony is given at trial in workers' compensation cases. There are no depositions except for doctors who aren't forced to show up and testify. For many people, giving testimony is a first-time thing and it makes them very nervous. Don’t let your nerves get the best of you. Be honest, straightforward and ask your attorney to help you prepare beforehand.
Most importantly, speak carefully.
Be clear, and be concise. When you are questioned by the opposing attorney, only answer what you are asked. Do not offer extra information beyond the question (it could be used against you). Tell the truth and do not embellish. The judge will not appreciate it, and the opposing attorney can use it to make you look bad. If your attorney objects to a question, don’t answer. In fact, many attorneys advise their clients to pause briefly before starting to answer so that they have time to object if it’s appropriate. If you don’t understand the question, say so. If you don’t know the answer or don’t remember, you are allowed to say so. And take your time, especially if you’re feeling nervous.
It can be hard to remember all of this when you’re in the spotlight. This is why you should ask your attorney to practice with you (they should offer to do so anyway). They can help you anticipate the questions you’ll be asked, and explain the procedure so you feel more in control and less anxious.
You can relax. People give testimony every day. It looks dramatic on television, but it’s usually pretty low key.
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