How Should You Prepare For A Deposition In A Personal Injury Case?

Categorized: General, Personal Injury

How Should You Prepare For A Deposition In A Personal Injury Case?

Your lawyer will help you prepare for your deposition in your personal injury case. Thus, the most straightforward piece of advice is: say and do what your lawyer advises. As long as you are working with an injury lawyer who has experience handling depositions, trust them to navigate you through the deposition. They have done so many times in the past and can steer you to a favorable outcome.

While your attorney will take the steps to prepare you, here are a few things you should know about depositions as well as what to expect from the process.

What a Deposition Is

A deposition is a formal interview that takes place after the filing of a lawsuit but before the trial. This phase of a lawsuit is known as the discovery phase — each side is trying to “discover” information and evidence about the other side’s case.

The opposing counsel has the right to depose you before the trial to learn what evidence you plan to use against its client. You can expect the defense to exercise this right. They will be looking to gain the following information:

  • The strengths and weaknesses of your case
  • What you plan to say when you testify at trial
  • Your interpretation of how the injury occurred and how their client was at fault
  • Whether you might have caused or contributed to the injury in any way
  • Other essential facts about your case

How a Deposition Works

A deposition is less formal than questioning at trial and often takes place in a law office or the court reporter’s office. In most cases, a court reporter will be present to document everything that either side says. Aside from yourself and the court reporter, the attendees may include your lawyer, the defendant, and the opposing counsel.

The Other Party Will Request You Submit to a Deposition

When the opposing counsel deposes you, it must provide notice beforehand. If you duck their attempts, however, it can subpoena you and force your attendance.

Once the deposition begins, your attorney will examine you, and then the opposing counsel will cross-examine you. During each attorney’s examination, the other attorney may object, but no judge is present to sustain or overrule the objection. The court reporter simply notes the objection in their write-up of the deposition.

What to Expect at a Deposition

You can expect a formal process that has the potential to drag on for several hours. Do not let it make you nervous, though. Remember, your attorney is there to represent you, and even if it does not always seem obvious, they are working to steer the proceedings in your favor the entire time.

Expect to answer questions from both your lawyer and the opposing counsel. In preparation for the deposition, you should roleplay with your lawyer and practice responding to the questions they plan to ask you. Also, your attorney, having handled many personal injury depositions in their career, can anticipate questions the other side will ask, as well. They can help you craft compelling responses to those questions.

Questions the Other Side Might Ask You

The more prepared you are for the other side’s questions, the better your responses will be. Your lawyer will learn everything possible about how your injury occurred to ensure you are prepared for every question the other side might ask.

In general, here are the types of deposition questions you can expect to field from the opposing counsel:

  • When and where did your injury occur?
  • What were you doing when your injury occurred?
  • Who else was present when your injury occurred?
  • Were there any witnesses at the scene?
  • Did you receive medical treatment after your injury?
  • If you received medical treatment, how soon after your injury did you seek it?
  • What have been the lasting effects from your injury?
  • Do you have any pre-existing conditions that could be causing or contributing to the symptoms you have endured?
  • What is the nature of the work you did before your injury?

To Schedule a Free, No-Risk Consultation with a Personal Injury Lawyer, Call Cordisco & Saile LLC Today at 215-642-2335

If you or a loved one suffered an injury because of someone else’s negligence or wrongdoing, you should discuss your case with a team of injury lawyers who will aggressively fight for your rights. At Cordisco & Saile LLC, our attorneys have a strong track record of recovering compensation for our injured clients.

We can help you prepare for depositions for any type of injury case, including:

We offer a free, no-risk consultation to find out if we can help you. To schedule an appointment, call 215-642-2335 today.

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