DEPOSITION IN PERSONAL INJURY CASES

A deposition is one of the pre-trial procedures, where the parties gather information from each other. It usually does not take place in a courtroom, but the parties may be sworn in, just as if they were giving testimony before a judge. In most personal injury cases, a deposition is mandatory, where the judge will issue subpoenas for the defendant, plaintiff, and witnesses to attend the deposition.

Speak the Truth

In a deposition for a personal injury case, usually the lawyers of the defendant and plaintiff will ask questions to the witnesses that reveal important points pertaining to the personal injury claim. The witnesses have to respond accurately and truthfully, as they are under oath. The whole deposition session is recorded and a copy can be submitted for use as evidence in the trial.

Feelings are Secondary to the Truth

In a personal injury deposition, each side will try to obtain all the information they can, about the injury. Hence, the questions can get intensely personal. Here are some of the usual questions asked at a deposition of a personal injury case:

• Have you made legal claims before, such as workman’s compensation claim, property claim, insurance claim, and so on.
• Are you employed, where do you work and as what?
• What kind of illnesses and injuries have you suffered before in your life?
• Have you ever been convicted of a crime, or do you have a criminal record?
• Where were you going before the accident occurred?
• What was your mental state, just before the accident occurred?
• Who was travelling with you at the time of the accident?
• Did you violate any traffic laws just before the accident occurred?
• Where were you injured?
• What did you do, immediately after the accident took place?
• What was the extent of you injuries?
• Was the injury existing before the accident, and if so, did the accident aggravate the condition?