Prior to going to trial, nearly all Buffalo personal injury lawsuits will involve what is commonly referred to as an examination before trial. At an examination before trial, the personal injury attorney and the defense attorney question a party to the lawsuit or a witness regarding issues such as how the accident occurred, medical treatment required as a result, and the impact of the injuries on the plaintiff’s life.
In most cases, all of the attorneys involved will question a party during the examination, although occasionally an attorney may waive questioning if they do not need any information that has not already been presented. While it is less formal than a court proceeding, testimony at an examination before trial is taken under oath and – in most cases – recorded by a stenographer. Unless the parties answer involves some otherwise objectionable evidence (such as hearsay or attorney-client privilege) the statements made at the examination before trial are admissible as evidence at future court proceedings.
The purpose of the examination before trial is to give both parties a clearer understanding of the facts of the case prior to proceeding to trial. In some cases, one or all of the parties may decide they wish to settle the personal injury lawsuit without proceeding to trial after hearing the testimony of the parties.
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