What Is a Deposition in a Personal Injury Claim?

There are two sides to every accident. Deciding which side is the correct version of events will determine who is at fault and who will be responsible for any compensation. The first person you’ll share your version of events with is the police reporting to the scene.

After that, you might ask your family, doctor, and insurance company. What happens if there’s a dispute in your story?

If the other motorist disputes your version of the accident, your chances of being compensated could be a risk. At that point, you’ll want to reach out to a skilled personal injury lawyer.

They might decide with you that the best course of action would be to file a civil complaint. In that scenario, you might be called to enter a deposition. Fortunately, when you work with the kind of skilled lawyers you’ll find at Western Justice Associates, you’ll be fully prepared.

How a Deposition Hearing Works

A deposition hearing is a formal part of the discovery process in a lawsuit. That is where you, the other parties involved in the accident, and any witnesses to the incident provide testimony outside the courtroom. That means there will be no judges present at the deposition, but you will be under oath.

That means there could be legal consequences for lying in a deposition.

A deposition hearing involves the lawyers for the plaintiff and the defendant, a court reporter or stenographer, and possibly a videographer.

The attorneys will ask questions, and the information provided can eventually be used in court. A deposition helps both sides uncover evidence and form a strategy about how certain witnesses will perform in court. The deposition typically takes place in a law office or similar environment.

After the introductions and taking the oath, the questioning will begin. The scope of the questions will involve you recalling what happened before and immediately after the accident.

You’ll also have the opportunity to discuss your property loss, your medical treatment, and how the accident has impacted your quality of life.

During the questioning from the defense attorney, your attorney will be allowed to object for the record. If there is a dispute about a line of questioning, the attorneys might call the judge to rule on the dispute.

You can ask for a break at any time, but you don’t want to discuss your testimony during those breaks. There will also be a break for lunch, if applicable.

Getting Ready for Your Deposition

Before your deposition, you and your attorney will go through a few practice sessions.

They’ll ask their questions and help you form your answers. They’ll also play the part of the defense attorney and pose the kinds of questions they might ask. These practice sessions will help reduce your anxiety over the deposition and boost your confidence about telling your side of the story.

What to Avoid

It’s essential to present a strong and compelling version of the accident. Part of your preparation will also involve the things you need to avoid. Here’s what you should think about keeping out of your deposition:

Inconsistent Answers

The answers you give to the questions need to be consistent. Some of those questions might be based on your initial statements presented to the responding police officer.

While you might bring up different things you remember that you didn’t tell the police, it is essential to remain consistent in your answers. That includes how the accident has caused a disruption to your life.

Overexplaining

Have you ever been accused of overexplaining things? You want to curtail those impulses to qualify your answers. You only have to answer the question you are asked, and sometimes, that answer could simply be “yes” or “no.”

You have to watch out for a common trick from defense attorneys: being silent. They will ask a question, you’ll provide an answer, and then they pause. You might feel compelled to “fill in the silence” by providing more details, which could be problematic.

Building the Case

Once the depositions are complete, you and your attorney will review the video and transcripts and use them to build your case. The strength of your deposition could compel the defendant to get serious about a settlement.

In other words, they might not want to go through with a trial if they think a jury will side with your version of the accident.

The attorneys at Western Justice Associates have decades of combined experience with conducting depositions. In addition to supporting your story, they will also be fully prepared to call into question the defendant’s story. The goal is to help you achieve the maximum possible compensation for your losses.

The critical thing to keep in mind about depositions is that if you tell the truth, you don’t have to have a good memory.