What Happens At A Personal Injury Deposition?

Posted on

If you are seeking monetary compensation because of an accident that was not your fault, you may need to participate in a deposition. This event can seem intimidating but knowing what to expect might help to eliminate some of the anxiety. Read on and find out what happens during a personal injury deposition.

  1. Depositions are scheduled to occur a few months after the lawsuit is filed and is part of the pretrial event known as discovery. Your lawyer will help you prepare for the deposition by practicing answering questions and reviewing your medical treatment and other aspects of your case. Depositions are not open to the public – it's just the lawyers, the court reporter, and whoever is being interviewed. Participants in a deposition are sworn to tell the truth and you should understand that what you say during the deposition may be used during the trial.
  2. Depositions are mostly question and answer meetings held in conference rooms at law offices. You may only be present for your testimony and not anything else. Your lawyer can keep you advised on the testimony of others.
  3. Other people being questioned include eye-witnesses to the accident, the other driver, passengers, medical personnel, the responding law enforcement officer, and medical doctors.
  4. You may know how to prepare for the deposition better if you understand the contentious issue at hand. For example, if the other driver is claiming that you and not them caused the accident, the crux of the deposition will focus on how the accident happened. If the other side is disputing your damages, you can expect those damages to be discussed. For example, you may be closely questioned about your injuries, your treatment so far, and what the doctor has said about your future medical needs.
  5. In most cases, it's been months since the accident occurred and your memory will need a refresh. Gather your medical records, the accident report, photos of your injuries, and those from the accident scene, and spend some time reacquainting yourself with what happened that day and since.
  6. During your questioning, lawyers can object just as they may during a trial. With no judge present, though, the objection is noted and things move on. This can make things appear more relaxed and casual, but make no mistake – depositions are like the trial before the real trial and what happens during a deposition can change the course of events for better or worse.

To find out more, reach out to a company such as Cok Kinzler PLLP


Share