Cross-Examination of the Sympathetic Plaintiff in a Personal Injury Case: Plaintiff and Defense Strategies

This CLE webinar will equip trial lawyers to handle the challenging task of cross-examining a plaintiff claiming significant injury. Defense counsel is between a rock and a hard place: push too hard in the wrong way and create sympathy for the plaintiff; hold back too much and the defense fails to point out critical flaws in the plaintiff's case. Plaintiff's counsel is always ready to exploit this dilemma.

Rare is the case that does not come down to the plaintiff's testimony. Whether in a deposition or during the trial, counsel must know what to ask and how to ask it. Counsel must decide whether the deposition or trial should be the focus and how to prepare for the substance of both.

The defendant's counsel must walk a tightrope between advocacy and sympathy. If a case is likely to proceed to trial, counsel's deposition of the plaintiff may concentrate on establishing opportunities for impeachment at trial. However, counsel's plan to impeach the plaintiff must be nuanced to present a vigorous defense without alienating the jury.

Plaintiff's counsel will want to prepare the plaintiff to share facts showing liability and damages. Moreover, the plaintiff must be ready to provide facts that rebut the defendant's defenses and theory of the case.

Listen as our panel of courtroom veterans discusses when to opt for a deposition-focused or trial-focused approach, how to prepare for either, and an appropriate tone to discredit the plaintiff's testimony without engendering jury sympathy.