Featured News 2014 What Is a Deposition in a Personal Injury Case?

What Is a Deposition in a Personal Injury Case?

A deposition can enter the personal injury lawsuit timeline at some point before the case goes to trial. This is one part of the process that both sides use to collect data and evidence. So what does a deposition look like, and what can you expect from this process? Keep reading to find out.

Depositions: these are interviews, as it were, a scheduled meeting where someone must testify under oath, and in front of a court reporter. The information gathered at the deposition could be used in a trial. So let's say that you file a personal injury lawsuit for a slip and fall at a store. Your lawyer could then subpoena the store owner to answer some questions. The store owner would have no choice but to show up and answer questions under oath.

Now it is possible for someone involved in your personal injury case to fight the subpoena. They might be able to "quash" the subpoena, or asked for its terms to be altered, such as asking for a more reasonable time (e.g. if you subpoena someone on the other side of the country, they can ask for a later date).

Why would you want a deposition in your personal injury case?

  • To get the key details surrounding your injury/illness
  • To find out the areas where your case is strong or weak
  • To get a preview of what a witness would say in a trial
  • To nail down the timeline of the accident/injury

What a Deposition Looks Like

The deposition could actually be just about anywhere, but usually these take place at an attorney's office or a court reporter's office. Regardless of where the meeting is, the person who asked for the deposition is footing the bill for the court reporter. As for the process itself, one lawyer examines the person (the "deponent"), while the other attorney might be able to cross-examine. When it's the examining lawyer's turn, the other attorney has the chance to object. But there is no judge, so the objection is taken down by the court reporter, and the examination continues. Deponents almost always have to answer all questions asked of them. Attorneys are usually hoping for lengthy answers, which provide a better chance than brief answers of a deponent unwittingly offering incriminating information.

Let's say you filed a slip and fall claim for an injury that occurred at a restaurant, and your lawyer deposes the general restaurant of that eatery. As you are trying to prove that the restaurant was negligent, your lawyer would probably ask questions along the lines of, "How regularly are your stairs inspected?", "When did you last perform repairs on the stairs?" and so on. Now if the restaurant manager's attorney would probably ask questions that would portray their case that the stairs were in good condition and the stairs and restaurant could not be fault for the fall.

If you have any more questions about the personal injury process, be sure to contact a personal injury lawyer from our directory today!

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