A personal injury case or lawsuit deposition is a discovery phase that can be utilized by both sides to equip themselves for the trial intended. Deposition is testimony under oath by the injured party and witnesses, to be used later in court. It goes beyond an out-of-court testimony. It is possible that both sides could gather essential information to make their case stronger.
What is a Deposition Hearing?
Depositions are part of the discovery process in litigation wherein witnesses and other relevant parties are called to give sworn, out-of-court testimony. Under oath is also one of the ways through which attorneys may gather facts, clarify details, and ascertain the strength of a case. Depositions taken in personal injury cases help to facilitate information about the injury, the medical treatment, and the consequential effects this may have on the claimant. The testimony is recorded for possible use in court.
What Is the Purpose of a Deposition?
Depositions serve as a useful platform where both parties put forth their case and discover evidence while learning how the witnesses are going to present themselves in court. Besides this, it is helpful in preparing a case and strategy. If needed, testimony can be produced in court.
Prepare your Deposition
Take some time in the days leading up to the big day with your attorney and come up with a list of questions that you may have. Your attorney is your trusted guide and will share with you what opposing counsel might ask, and how you can fashion your responses effectively.
What Can I Expect at a Deposition?
You can expect to be in a somewhat structured, but informal, setting when you testify through a deposition. This is normally a conference room or a lawyer’s office. You will be required to answer questions under oath. Your testimony may be used in court.
Introduction and Oath
A court reporter will then ask you to swear that you are telling the truth and nothing but the truth.
Questioning
Both parties’ lawyers will interview you. The questions will include facts about the accident, injuries, medical treatment, and effect on your lifestyle. Simply answer the questions they ask. That is all right to tell them, “I don’t know,” if you do not know.
Take a Break
If you need a break, tell people. Do not, however, discuss your testimony at this time. Generally, an hour is split into 5-15 minute breaks. You may take as many breaks as you like but try to disrupt things as little as possible.
Recording
The depositions can be videotaped on some occasions. It can be presented to the court if a witness cannot appear or is unpredictable with their testimony. The video recording can be relied on by both parties of the case in preparation for the trial.
Objections
Both lawyers have the right to object to certain questions and answers during depositions. Objections can be raised on account of a number of reasons such as relevance, form, or privilege among others targeted at protecting the interest of your client.
Common Errors to Avoid in a Deposition
Your attorney will prepare you for the depositions and be present for you. Your attorney must also advise you on what to avoid when appearing for the deposition.
Incorrect Answers
State a contradictory or inconsistent statement. Do not contradict and stick with your responses.
Over-Explaining
You may inadvertently over-explain or say more than you are asked for. This will defeat your argument. Only respond to the questions you are asked. Your lawyer will advise of this.
What Happens Now?
After the depositions are closed, both parties will read and interpret the discoveries they have made. From there, they will set out their future tactics. It could be negotiation or trial preparation.
Reading Deposition
The court reporter will then start preparing a comprehensive transcript of the entire proceeding once the deposition is over. The transcript is the record of all exchanges between parties. In preparation for negotiations or when going to trial, your attorney will study any depositions taken.
The Deposition Turns Into Evidence
Such a transcript of the deposition will constitute evidence or contradict accusations made by either party if it reaches the trial stage. One should be consistent because at times witnesses who testify before their insight during deposition may be called for testimony in court. The witness, who testifies contrary to his deposition, will come out as untrustworthy to the judge or jury. Even though the case might not get to the court, it may still be used in arbitration, mediation, or negotiations.
Jenkins Law P.L. A Personal Injury Lawyer Can Help You
Contact our personal injury lawyers at Jenkins Law if you are going through a case involving personal injury. We understand that it’s probably the most difficult time in our clients’ lives, and we are here to help you every step of the way. We are here to address your question about the deposition process. Contact Jenkins Law for a free consultation. You will not be charged anything unless you win your case.
