Below, you will find a sample direct examination of an injury victim.  Our lawyers believe samples from other attorney serve as valuable teaching tools, offering real-world examples of how to structure questions, elicit detailed testimony, and build a compelling narrative for the jury.

Using sample examinations allows you to see different approaches and techniques in action, helping you to refine your own style and strategy. Feel free to take what you find useful and adapt it to your needs, while discarding elements that may not fit your particular case or personal approach.

Example Direct Examination of the Plaintiff

1. What is your name?

2. How old are you?

3. Are you married?

4. How long have you been married?

5. Do you have any children?

6. What do you do for a living?

Before the Accident

One thing that plaintiffs’ lawyers miss time and time again: painting a clear picture of the plaintiff before the accident is as important as the after.

7. Tell us a little bit about what your life was like before the accident.

8. How were things going with your job?

9. How were things at home?

10(a). What was going on at your house?

10(b). Did you have economic pressures on you before the accident?

The Accident Scene

10(c). Do you recall suffering an injury on March 10, 2011?

10(d). Do you know what day of the week March 10, 2011 was?

11. What happened?

A. Positioning
B. Point of Impact
C. Pinned
D. Force (dented car)

12. What did the defendant do while you were pinned between the car and the Bobcat?

13. While you were pinned, what was the pain like?

14. How long were you pinned between the Bobcat and the car?

15. How long did it take for the paramedics to arrive?

16. What did the paramedics do for you?

17. Did they give you pain medication?

18. What did they tell you about your injury?

Hospital

19. Did the paramedics take you to the hospital?

20. Which hospital?

21. What did they do for you in the hosptial?

22. What did they tell you your injuries were?

23. Were you released from the hospital?

24. What did they tell you when they released you?

25. Were you able to walk out of the hospital on your own power?

26. The accident occurred on a Saturday? Describe the rest of your weekend?

Dr. Herron’s March 12, 2008 Visit

27. When did you go back to the doctors for this injury? (Injury was on a Saturday.)

28. Who did you go see?

29. What did they do for you at Dr. Herron’s office?

30. What were you told about your injury at Dr. Herron’s office?

Post March 12 to Surgery

31. Can you tell us about the period between you March 12, 2008 visit to Dr. Herron’s office and April 2, 2011? What was your life like and how were you injuries?

32. Did you begin to develop new problems with you left knee?

33. What as the problem?

34. What did the doctors do to treat this inflamation with you knee?

35. Was that surgery on April 12, 2008?

Post Surgery 1 to Surgery 2

36. Can you tell us about the period between you first surgery and June 4, 2011 when you had your second surgery? How were you progressing? Were you working?

37. Did you get a second surgery in June 2008?

38. What was that surgery for?

39. Who did the surgery?

40. What were you told after that surgery?

Cosegera

41. Did you see any other doctors after your surgery?

42. Who did you see?

43. What did they do for you?

44. During this time period, did you expect to go back to work as a mechanic?

45. What were your plans?

46. What did they tell you to do?

Missed Work

46. During the time you are seeing Dr. Johnson, are you working?

47. Was not working a concern to you?

48. What did you tell you doctors about working?

Going Back to Work

49. When did you go back to work?

50. How did it go?

51. How are things going now?

51(a). What difficulties are you having?

52. How were you able to make more money in 2002 after the accident than in 2000, the year before the accident?

53. What are your work conditions like with you co-workers before the accident?

54. What are you work conditions like now?

55. Exhibit Q. What are these? Who wrote them?

56. How does this make you feel?

57. Do you think you will be able to continue as a mechanic at Dole Chrysler making the kind of money you have been making?

Tips for Conducting a Direct Examination of the Plaintiff

Preparation and Understanding

Conducting a direct examination of the plaintiff requires a careful balance of preparation, empathy, and strategic questioning. Begin by thoroughly understanding your client’s story and the details of the case. Your objective is to paint a vivid picture of the plaintiff’s life before the incident, the incident itself, and the aftermath. This helps the jury connect with the plaintiff on a personal level and understand the full impact of their injuries.

Establishing the Plaintiff’s Background

Start with foundational questions that establish the plaintiff’s background, such as their name, age, family situation, and occupation but in human times, not just a cold biography. This sets the stage and provides context for the jury.

Painting a Picture of the Plaintiff Before the Accident

It is crucial to paint a vivid picture of the plaintiff’s life before the accident that changed their lives.  So many lawyers know this… and still do not do a good job of accurately show the “before” picture.

Ask the plaintiff to describe their daily activities, hobbies, health, and overall well-being before the incident. Highlight their physical abilities, social interactions, and professional achievements. This contrast is essential to illustrate the dramatic change in their life post-accident. By showcasing who the plaintiff was before the accident, you help the jury see the person behind the injuries and build empathy for their current situation.

Discussing the Incident

When discussing the incident, guide the plaintiff to recount the events clearly and chronologically. Focus on sensory details and emotional responses to make the testimony compelling and relatable. Ask open-ended questions that allow the plaintiff to describe their pain, fear, and confusion during the event.

Detailing the Aftermath

As you transition to the aftermath, ensure the plaintiff discusses their injuries, medical treatments, and recovery process in detail. Highlight any ongoing pain, limitations, and the effect on their personal and professional life. Use medical records and expert testimony to support their statements, reinforcing credibility.

Maintaining a Conversational Tone

Throughout the examination, maintain a conversational tone and avoid leading questions that suggest answers.  You are introducing the plaintiff to the jury.  You want to present (the ambassador, anyway) of who the victim really is. This approach helps the plaintiff appear more genuine and less rehearsed. Be mindful of the jury’s attention and vary the pace to keep the testimony engaging.

• Outline of Plaintiff’s Spouse: often, the spouse is a more important pain and suffering witness
• Outline of Treating Doctor
• Get Sample Trial Materials: we can help you get ready
• Get More Help: visit our Attorney Help Center – example interrogatories, depositions, trial transcripts, etc.