If you’ve filed a personal injury claim with a personal injury attorney’s help, you’ll likely participate in the deposition process. Depositions are significant facets of personal injury and liability law, whether you’re a plaintiff, defendant, witness, or anyone with knowledge of a case. Because depositions can significantly impact the strength of a liability or accident claim, it’s essential to understand their purpose and what happens before you participate in one.
What Is a Deposition?
In most personal injury cases, depositions occur during the discovery phase when both parties collect and exchange evidence. Depositions give each side a chance to obtain sworn statements from involved individuals who might have to give testimony in court.
During these proceedings, attorneys from both sides ask questions about the facts and details of the accident, which helps them build a case and prepare for a possible trial. Lawyers ask questions to
- Determine what you know about the case
- Establish your understanding of how the accident occurred
- Gauge your credibility in court and how well they’ll hold up to questioning
- Assess the strengths and weaknesses of the case
- Build a written record of witness testimonies to draw upon in court
- Discover any inconsistencies in your testimony
What Happens During a Deposition?
If you’re served a subpoena to answer questions at a deposition or be “deposed,” you must appear on the specified date and at the place and time scheduled. Depositions typically occur at law offices, not in courtrooms.
Under oath, you will answer questions from both attorneys. In many cases, most of the questions will come from the defendant’s lawyer if you’re the one bringing the claim. Your legal representative may then ask follow-up questions. If you’re giving testimony, you can expect questions about the following topics:
- Background information about you, such as your work history, education, family, age, and other details
- Health information, including medical history, previous injuries or accidents, and activities and lifestyle before the accident
- Details about the incident leading to the injury, such as the facts as you understand them, where you were and what you were doing at the time of the accident, any witnesses, and road and weather conditions if it was a vehicle accident
- Descriptions of your injuries and losses, including treatments, medications, ongoing therapies, what parts of your body incurred injury, how soon after the accident you sought medical attention, losses you’re claiming (e.g., lost wages, time away from work, pain and suffering, vehicle damage)
- The short- and long-term effects that injury has and will have on your life, including impacts on family and loved ones and future work ability and earning potential
- Information about other witnesses, including who else saw the accident, individuals you might have talked to about your case, or healthcare providers who treated you
The deposition process might feel like giving testimony in court, but it’s not a trial. Like a court trial, however, a court reporter records the deposition, and all individuals giving testimony swear an oath to provide truthful statements.
In addition to gathering testimony, either lawyer has the right to object to any question from the other side of the dispute. Rules governing the deposition process vary by state. However, all depositions are serious endeavors, and witnesses must answer truthfully. An attorney could bring up anything you’ve said during a deposition at a trial.
Lawyers can subpoena various individuals for deposition in addition to the people directly involved in the accident. These typically include witnesses of the incident, doctors and other healthcare providers, expert witnesses, passengers, family members, friends, and co-workers.
The Importance of Legal Representation During Depositions
Depositions represent a crucial part of a personal injury case. Understanding the process can help you be better prepared. Getting representation from a Cincinnati-based lawyer who helps victims of car and other accidents is a positive step toward fair compensation and protecting your rights. The personal injury attorneys at Clements, Taylor, Butkovich & Cohen, LPA, Co., can evaluate your claim, inform you of your options, and guide you through the deposition and other legal phases.