One term that often surfaces in personal injury cases is deposition. It is a critical part of the pre-trial discovery process. However, parties involved in a personal injury case may not fully understand the role of deposition. Understanding what to expect in a deposition can help you prepare to give clear and accurate testimony that strengthens your position in the case.
What Is a Deposition?
A deposition is a fact-finding opportunity for attorneys. It allows them to gather information and clarify uncertainties related to the personal injury case. During the deposition, the witness, referred to as the deponent, is questioned under oath by attorneys. Typically, it is the attorney representing the other party that asks the questions, however, your attorney can also ask questions during a deposition. However, this is uncommon.
A personal injury lawsuit evolves in four main stages: discovery, settlement negotiations, trial, and appeal. Depositions are part of the discovery process. It can be used for personal injury cases such as car accidents, slip and fall accidents, and medical malpractice.
Role of Deposition in Personal Injury Cases
There are several reasons for having a deposition in a personal injury case. An attorney can use depositions to evaluate witness credibility, discover new evidence, and help them prepare for the case. The attorney may also seek to “lock in” the witness testimony, making it more difficult for them to alter their story during trial.
Along with gathering testimony and clarifying the facts of the case, a deposition also helps attorneys assess the strength of their case. The deposition can also be used as an impeachment tool for trial. For example, if the witness offers contradictory statements during trial, the attorney can use this opportunity to highlight inconsistencies.
Depositions can facilitate settlement negotiations by providing insights into each side’s arguments and encouraging more realistic settlement offers. Depending on the attorney’s strategy, depositions can be used for various other purposes including preparing the witness for the legal process and emotional stress that may be experienced during trial.
Preparing for the Deposition
To help you prepare for the deposition, you need to review the facts of your case with your attorney. It helps to have a good understanding of your case and refresh your memory about details that you may be questioned about. To prepare for deposition for a personal injury case, you should be familiar with the details such as injury symptoms, events that caused the injuries, the treatment you received, and other matters directly related to the case.
If you have already submitted a statement, review what you have shared, so your deposition does not contradict anything that is on record. It may also help to review all the evidence your attorney has submitted or plans to present.
It can be a bit unnerving to be questioned by the opposing attorney and know that your answer could impact the outcome of your case. However, you have to remember that as long as you remain calm, answer truthfully, and stick to the facts, you will be able to navigate the deposition successfully.
Depositions follow a certain protocol, where you are expected to respond to each question clearly and honestly. This means you need to practice carefully listening to each question and take your time to reply. In your preparation, you can also practice not sharing any unnecessary information.
Keep in mind that if there is a question that you don’t understand, demand clarity. For example, if the attorney uses an unfamiliar term or asks a question that you don’t understand, you can ask them to be more specific or rephrase the question.
If you are not feeling confident about the deposition or need more preparation, you should consult with your attorney, who can guide you on what to expect and offer specific advice based on your case.
What Happens at the Deposition
The plaintiff, defendant, and their attorneys are usually present at a deposition, which takes place at a designated office such as one of the attorney’s offices. A personal injury deposition may also be attended by a court reporter and insurance representative. In some cases, a video recorder may also be present. As a deponent you will be sworn in, meaning they are required by law to tell the truth. The total duration of the deposition can be anywhere from a couple of hours to a full day.
The deposition process begins when the attorney starts asking questions. The line of questions depends on the case. However, it is common for the attorney to start questions related to the background of the case, including the deponent’s background. This may include questions about employment history, pre-existing health conditions, and personal life.
The attorney would likely proceed to questions that are more specific to the incident that led to the injuries. The opposing attorney may seek to identify any discrepancies between what you say at the deposition, and your prior statements. If there is a pre-existing condition relevant to the case, you can expect the attorney to ask questions about that. To understand the impact of the injury, the attorney may ask about how your daily activities and work life have been impacted by the injury. If your attorney feels that any of the questions by the opposing attorney are not relevant to the case or inappropriate, they can object.
How to Respond to Questions Effectively
Your goal during the deposition should be to provide clear and concise responses. Listen carefully to what the attorney is saying. Try to keep your answer short and simple. If the attorney wants to know more, then can always ask you to elaborate, but try not to volunteer to provide unnecessary information. It’s also important that you don’t speculate about what you are saying.
If you’re not sure about certain details, it’s better to say that you don’t recall rather than speculating. While the role of your attorney during the deposition is largely supportive, they can help you prepare for the deposition.
Also Read: Negligence and Liability: Key Concepts in Personal Injury Cases
