Depositions in Personal Injury Lawsuits

If you were injured and are considering pursuing a personal injury claim, you may be wondering what a deposition is. Although it is not unusual for individuals to focus on a trial as a whole instead of the parts that make up it, depositions often go unnoticed. Pre-trial testimony, which is also known as the deposition, is when an expert or witness testifies under oath for the case. It usually takes place outside of court and is transcribed by court reporting. A deposition can be beneficial and a bad thing at the same time because they can commit you to a certain position through the entirety of the trial, but can also bring up settlement conversation. Pre-trial depositions are considered to be legal proceedings by law, so if you are involved in a deposition you will be asked if you want an attorney present. Whether or not you are a defendant or plaintiff in a lawsuit, it is mandatory that you go through the pre-trial deposition. You have the legal right to represent yourself in a personal injury lawsuit, but it is advised that you hire an attorney. Your deposition can be used at trial and any inconsistencies within your statement can have a negative impact on your trial’s outcome. During your deposition, the opposing counsel has freedom in what they are allowed to ask you. Having a personal injury attorney present at your deposition can be of great value because they will coach you through your testimony beforehand and offer up practice questions.

What Can I Expect?

The types of questions on the table that may be asked while on trial can vary by case and opposition representation. The questions can be very blunt and short. No time can be wasted this way, and whoever is being questioned has to answer quickly. This leaves room for plenty of error or mispronunciation. Things can be said in the wrong way and misinterpreted. Many witnesses can be prompted to give a deposition, for example, a doctor or therapist who treated the alleged victim. These professionals might be asked about diagnosis and treatments that the plaintiff has been given for their personal injury. Both sides of the court may ask witnesses to the trial that is believed to be involved in the incident in any way. Your attorney can protect your rights and ensure that no illegal or pointed questions are being asked. In the past, personal injury cases have been won and lost due to just one deposition given.

Contact an Attorney

If you have been asked to give a deposition, consider contacting an experienced personal injury lawyer immediately. Legal counsel can prepare you for the questions asked during the deposition and give you peace of mind about your lawsuit.