Are You Being Deposed? Understanding Personal Injury Depositions

Posted on: 31 December 2017

If you've been injured by a careless driver, you may find yourself filing suit. The personal injury process can be a bit confusing and long, but it will be worth the wait when you get the compensation that you need and deserve. The weeks leading up to your day(s) in court may be unexpectedly filled with events and activities that catch you by surprise, unless you are prepared. Read on to learn about the discovery process and about the deposition in particular..

1. The whole idea of discovery is for each side to share information about the case with each other. There should be no surprises during the trial; each side is expected to share info primarily using these three methods:

  • Interrogatories: Questions are asked of certain parties and the answers must be supplied and returned.
  • Document Requests: Documents, which covers recordings, photos, computer files, and just about any other form of communication are requested and returned.
  • Deposition: Where parties give testimony under oath.

2. If you're familiar with the way a trial goes, a deposition is very similar but a bit less formal. Each side takes turns questioning you, the other driver, witnesses and anyone else connected to the wreck. The deposition, however, is closed to everyone but legal council and the deponent. Anything said here may be used in the trial. There is no judge presiding over the meeting, but each side still has the ability to object to any questions and the objections will be noted in the record. The entire deposition is recorded and a court reporter is also present. Depositions can last anywhere from a couple of days to weeks, depending on how much money is at stake and how complicated the case may be.

3. While you may be understandably nervous about your part in the deposition, it also presents you with an opportunity to prepare for court in few weeks. You should refresh your memory about the day of the accident and all of your medical treatments beforehand so that you won't have trouble answering questions. Take a look back at any notes, reports, medical records, photos and anything else you have on hand. Your attorney will help you to prepare by holding question and answer sessions before the deposition and will give you some tips to help you deal with the questioning.

4. While a deposition is an important facet of the justice system, it can mean so much more than just that for you. Many times, after hearing and seeing all the evidence and testimony that they will be facing at trial, the other side will offer you a settlement. This avoids trial and lets you get paid for your damages that much quicker. Visit a website like http://www.centralnylaw.com for more help.

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