If you file a personal injury case after an accident, there is a good chance that you will go through a deposition. A deposition is a critical part of the discovery process of a personal injury case. Depositions allow both sides in the case the opportunity to learn more about the other side’s version of the facts.
Keep reading below to learn more about depositions, including what they are and how to prepare for them.
What Is a Deposition?
A deposition is sworn, out-of-court testimony in which one party is questioned by the other to uncover facts about the case. Depositions are similar to being questioned on the witness stand during trial, but occur during the discovery phase of litigation. Depositions are important for both plaintiffs and defendants, and the outcome of a deposition can significantly impact settlement negotiations or the overall value of your personal injury claim.
Do I Have to Go to My Deposition?
Yes, you must attend your deposition if you have been ordered by the court to do so. Typically, the plaintiff and defendant can both be ordered to participate in depositions. Similarly, witnesses who are not a party to the lawsuit can also be subpoenaed to a deposition.
Failure to attend a deposition could result in some legal consequences. You could be punished with fines, or the court may order you to appear at a later date. Additionally, failure to show up for your deposition could cause you to lose credibility. This could hurt your case and even lead to a default judgment against you.
Who Will Be Present At My Deposition?
There are several parties who will likely be present at your deposition. Each party is there for a reason, and those typically in attendance include:
- The parties to the lawsuit: Sometimes, both the plaintiff and defendant will be present at the deposition. However, it is common for only the party that is being deposed to be present.
- Attorneys: Attorneys from both sides are usually present at depositions. This means that your attorney, as well as defense counsel, will likely be at the deposition.
- Court reporter: A court reporter will be present to record and transcribe everything that is said during the deposition. This transcript may be used later to impeach a witness if anyone changes their story.
- Videographer: Many depositions are videotaped, so it is not uncommon to have a videographer present to record the entire deposition.
Depositions often take place in an attorney’s office, and these proceedings can feel very formal. However, you should always try to remain calm and follow the advice given to you by your lawyer before the deposition.
What Will I Be Asked at My Deposition?
Many types of questions may be asked during a deposition. Remember that the deposition is used as a way to gather evidence about your case. If you are the victim in a personal injury claim, the defense counsel is likely to ask you questions, such as:
- Background information: To start the deposition, it is likely that you will be asked many questions about your background. This could include basic questions, such as asking about your name, address, and educational background.
- Injury information: You should expect to get many questions about the specific injuries you have suffered. Defense counsel will want to know how the injury was caused, what type of medical treatment you have received, and how severe the injury is.
- Impacts of your injury: The value of your case is heavily dependent upon how the injury has affected your life, so it is common to be asked many questions about the effects of your injury. You may be asked to describe your daily routine or your ability to perform certain tasks.
Being prepared to answer these questions is crucial to doing well at your deposition. Your lawyer should help you anticipate the types of questions to be asked so that you are fully prepared for your deposition.
Preparing For Your Deposition
Your lawyer will help you prepare for your deposition in a few different ways. First, they should give you some guidance on basic deposition etiquette, such as what to wear or how to address opposing counsel. Next, they can help you prepare by telling you the types of questions you should be ready to answer.
Your attorney may even roleplay or conduct a mock deposition with you. This can help you be ready with answers to the questions you are likely to hear. It can also help you remain calm under pressure because depositions can often be an intimidating and nerve-racking process. Finally, if any settlement offers are made after the deposition, your attorney can help you evaluate those and determine whether the offer should be accepted.
Contact Mansfield Melancon Car Accident and Personal Injury Lawyers Today for a Free Consultation With a Baton Rouge Personal Injury Lawyer
If you need help with a personal injury claim in Baton Rouge, LA, the experienced team at Mansfield Melancon Car Accident and Personal Injury Lawyers will take the time to answer all your questions. We will put our 50+ years of combined experience to work for you.
Contact us now at (225) 263-4787 to schedule a free consultation with a Baton Rouge personal injury lawyer.