THE IMPORTANCE OF A DEPOSITION IN A PERSONAL INJURY CASE

When you have filed a lawsuit for claiming compensation for your injuries, a discovery process takes place before the trial, which enables both parties to find information from the opposite party that is relevant to the case. One of the main components of the discovery process is the deposition, which is a question and answer session given under oath.

Rehearse Your Story

A deposition is essential because the testimony given during the session can be presented as evidence during the trial. If the testimony given during the trial differs from the one given during the deposition then the credibility of the witness becomes doubtful to the jury.

Even if the witness was right there and knows what happened explaining what happened could lead the witness to mix up certain details. This is why they need to go over what happened and write it down. You need to work with them, well, your attorney will handle this. Your lawyer needs to speak with the witness and ask questions that the opposition will likely ask the witness. You do not want your witness to become rattled during the deposition because this connotes doubt in what they saw. This is why preparation is pivotal.

Questions to be Answered

During a deposition, there is a court reporter present, who will administer the oath, and record everything that is being said. Either party can request a transcript of this, and present it during trial. In a deposition for your personal injury case, the defense attorney will ask you to testify, and question you about the events that took place just before, during, and after the accident. The lawyer will mainly try to establish whether you were partly or fully to blame for the accident.

Consistency is Critical

At the deposition, you need to be sure about your recollection of how the accident took place. You also need to make sure there is not discrepancy between the testimony you have given during deposition and your trial testimony. If there is any difference on important points, you will lose credibility in the eyes of the jury, and their decision will not be in your favor.

The defense attorney would have thoroughly investigated your medical records and will ask you to elaborate on your injuries, and your present condition. Make sure you reply truthfully to these questions during the deposition and to not exaggerate any part of your condition and injuries correlating with the accident. The opposing lawyer can easily pin you down in the trial, on these points, if they have changed in any way from the deposition or if you are found to be exaggerating the extent of your injuries.