chat text
What to Expect in a Personal Injury Deposition

What to Expect in a Personal Injury Deposition

shapiro.admin June 2, 2021 Personal injury

If you or somebody you care about has been injured due to the careless or negligent actions of another individual, business, or entity, you will likely be able to recover compensation through an insurance settlement or a personal injury lawsuit. If you do end up involved in a lawsuit, you will likely have to sit for a deposition. Here, we want to briefly define what a deposition is in a personal injury case and also discuss what you can expect to occur when the deposition takes place. Please understand that any person who thinks they will have to give a deposition should be working with a skilled Scottsdale personal injury attorney who can walk them through this process.

What is a Deposition in a Scottsdale Personal Injury Case?

Depositions are part of the discovery phase of a personal injury lawsuit. They give attorneys for the plaintiff and the defendant the opportunity to ask questions of any possible witnesses who may have information pertinent to the case. The attorneys for the plaintiff and the defendant will be able to ask witnesses about the facts and circumstances surrounding the personal injury case.

Depositions are scheduled to take place outside of the courtroom, but those giving depositions are under oath while the actual deposition is ongoing, and a court reporter will be present to take notes and provide transcriptions at a later date. Anything said in a deposition will likely come up again at a later date, including at any eventual personal injury trial.

What Happens During the Deposition?

Before deposition happens, an attorney will sit down with their client to thoroughly review the possible questions that may arise. In theory, a deposition seems like a simple procedure. The person giving the deposition will answer questions asked by the opposing counsel. However, the potential consequences of deposition answers are not simple. What is said in a deposition could play a major role in the personal injury case.

The person giving the deposition will have their attorney present with them. The opposing counsel will ask plenty of questions regarding the case at hand, and they will likely dig for information. The opposing counsel may even ask questions that are intended to get the person giving the deposition mad or flustered.

Attorneys in depositions are permitted to ask witnesses a wide range of questions pertaining to the case, and sometimes they may ask questions that are not directly related to the lawsuit. So long as an attorney is asking questions that they think could lead to evidence relevant to the particular personal injury case (this can be subjective), the questions will typically be allowed.

However, it is best to avoid any signs of frustration while the deposition is ongoing. An attorney for the person giving the deposition can step in and help their client through a stressful situation, and they can even object to particular lines of questioning.

Because everything said during a deposition is under oath, all answers need to be truthful. That said, it is best for the person giving a deposition to answer only the questions that are asked and never give any information that is not directly requested. The person giving the deposition should never try to guess the answers to any questions that they are unsure of. In these cases, it is okay to say, “I do not remember,” or “I’m not sure.”

After a deposition concludes, the court reporter will prepare a written transcript and send copies to every party involved. The transcript will be reviewed by attorneys for the plaintiff and the defendant. If you have to sit for a deposition, your attorney will review all of your answers in the aftermath and give you an assessment. You will work with your attorney as they continue to prepare for the potential personal injury trial.

Free Consultation

  • All fields required *
  • Hidden
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.