Know Before You Go: The Personal Injury Deposition

25 April 2018
 Categories: , Blog

Part of seeking justice for your auto accident injury is to attend a deposition. This meeting is part of the discovery process, which takes place before you go to court. The purpose of the deposition is information gathering by both sides, and it serves an important purpose in pretrial preparation. Read on to learn more about what your part will be in this event.

The purpose of the deposition

Along with interrogatories and documents requests, discovery gets vital information about the case into the hands of both parties and is meant to create a more even playing field for all participants. When court does begin, it means that everyone already knows the bulk of what will take place ahead of time. What no one can know, however, is how the judge will rule and what the final outcome will be.

How depositions work

You might want to think of a deposition as a practice session for the real thing. It really does resemble a trial in some ways. You and other parties to the case will be answering questions, you are under oath to tell the truth and attorneys can object to certain questions.

The deposition is not held in a courtroom, though. Since there will only be the person giving testimony, the court reporter and a few attorneys present it is usually held in a conference room at a law firm. With no judge present to rule, objections are noted and things move along.

How you can prepare

If you're the one doing the suing, you will be questioned (or deposed). You can get ready for questioning by reviewing your notes and paperwork and using guidance from your attorney. Be prepared to be questioned about every aspect of the case, from the moment of the wreck to your medical treatments to the way the injury has affected your life.

The outcome of the deposition

While there will be no judge's ruling associated with a deposition, that doesn't mean that good things won't come from it. The other side will be viewing this exercise with an eye toward several issues, any of which could result in a settlement offer. They will be looking for:

  • How well you present yourself when being questioned, your appearance, your credibility, your ability to express yourself, etc.
  • The evidence presented not just at the deposition but through all discovery practices, such as photos, videos, witness statements, traffic citations and more.

Knowing what they will be up against could cause the other side to make an offer. Speak to a personal injury attorney from a firm like Bangel, Bangel, & Bangel to learn more about your deposition.