What to Expect at a Deposition for a Personal Injury Case
Posted Friday, March 29, 2019 by Chris Thayer
Once a personal injury suit is filed, there are many other steps that take place before the case is decided. One of these steps that is likely to take place is a deposition. In many personal injury cases, the injured plaintiff will be deposed by the opposing party to have an opportunity to ask questions directly to the plaintiff regarding their injury. A deposition is a legal process in which the parties are able to ask questions to the plaintiff or others relating to the case under oath. Usually in personal injury suits, a lawyer will want to depose the other party, but third parties can also be deposed.
*Before the Deposition*Before the deposition, there are a number of things that you can do to prepare. While you will not know exactly the questions the deposing party might ask, your lawyer will likely be able to anticipate some of the questions that will be asked. You can go through these with your lawyer and make sure you are comfortable answering them and will not be completely blindsided.
*During the Deposition*The parties present during a deposition include you and your lawyer, the deposing parties and their lawyers, and a court reporter. There is no reason to be nervous about a deposition. Go in, answer the questions you are asked, and your lawyer will be there to make sure that things go according to plan. If there are any questions that your lawyer deems inappropriate or irrelevant, they will make an objection. Usually, however, you will still be instructed to answer the question. The objection will be noted in the deposition transcript created by the court reporter. Later on, a judge can decide if that question was permissible or if it should not have been asked and the answer prevented from being used moving forward.
*After the Deposition*The court reporter will type up every word that was said and each party can request a transcript for review to use for preparation of trial. Parts of the deposition may be used at a trial and read to the judge and/or jury. It is important to remain consistent with your testimony because if your account of events differs between the deposition and trial, this may cast doubt on the validity of your claim. Preparing for the deposition with your attorney is the best way to prevent any mistakes at the deposition that could harm you at a subsequent trial.
The personal injury attorneys at Pivotal Law Group are here to help you every step of the way. We know that depositions might seem scary, but we are committed to preparing you for the event and making you as comfortable as possible throughout. Our attorneys are ready to see you through the entire case, from filing to trial to receiving your award. Contact us today for a consultation and find out how we can help you recover damages for an injury you have sustained due to the negligence of another.
(image courtesy of Matthew Henry)