What To Expect in a Personal Injury Deposition
North Carolina accident victims who have filed personal injury lawsuits to recover damages may be required to give a deposition. Although it sounds like a stressful and nail-biting experience, it doesn’t need to be. Under the guidance of an experienced personal injury attorney who can prepare you for the experience, it’s simply an opportunity to tell your side of the story. Still, some may have a bit of fear before going under oath.
Victims of a car crash who are seeking compensation should get in touch with Whitley Law Firm. Their team of car crash professionals can help to determine what’s the best course of action to ensure that you’re fully compensated. Don’t delay; give them a call today.
What is a Disposition?
A part of most pretrial procedures for a personal injury lawsuit is depositions. They take place during the discovery phase of a civil lawsuit. This is when both legal teams, the plaintiff and the defendant, get together to share evidence and, hopefully, come to a mutual agreement. This is typically either a settlement for the plaintiff or the decision to try the case in a courtroom. Fortunately, most personal injury lawsuits are settled during the discovery phase.
A deposition is a sworn statement from the plaintiff, the defendant, eyewitnesses, or perhaps medical experts or accident reconstruction specialists. The person being deposed will be placed under oath and a court reporter will document everything that’s said. Both legal teams will have an opportunity to pose questions to the person under oath. Sometimes a court reporter isn’t used and the entire proceedings will instead be video recorded and a written transcript will be made at a later date.
Depositions don’t happen in a courtroom and are typically held in one of the lawyer’s offices or a rented space. Depending on the complexity of the case, deposes can expect to answer questions for anywhere from 30 minutes to several hours.
What Should the Plaintiff Expect To Be Asked During a Deposition?
Although the questions asked during a deposition will be directly related to the specifics of the case, there are some general questions to be expected. Your lawyer will have a good idea of the types and scope of the questions the defendant’s legal team will ask and they’ll coach you as to how to respond. You’ll obviously tell the truth, but most experienced attorneys tell their clients to simply answer the questions and not give any additional information unless asked.
Personal Information
Most depositions start out by asking for some basic information. You’ll be asked your full name, occupation, and sometimes information about your prior legal history.
Health Condition Prior to the Accident
You could be asked to talk about your health prior to the accident. This is to ensure that the injuries you’re claiming didn’t exist before the accident. These questions may not only refer to your physical health but also to your cognitive awareness and any emotional issues.
Details About the Accident
Questions relating to the accident will help you to prove negligence. This is your chance to tell your side of the story. Your lawyer will most likely have already coached you on how to approach this topic. You’ll have the opportunity to describe exactly what happened. Typical accident questions could include:
Although your legal team will provide your medical records to the defendant’s lawyer, this is your opportunity to describe your injuries in detail and how they’ve affected your life. You can discuss the recovery process, pain and suffering, and the difficulties you’ve encountered both physically and emotionally since the accident. If you were an avid bicyclist before the accident but are now unable to ride, this is your opportunity to describe your hardships due to your injuries.
A pretrial deposition is your chance to explain exactly how the accident happened, how you weren’t at fault, and how your injuries have been difficult physically, emotionally, and financially. Although the thought of speaking under oath can make you feel weak in the knees, under the guidance of a personal injury attorney you’ll be well prepared for the task.
Personal injury lawsuits should never be attempted without proper legal representation. Even if an insurance claim adjuster has approached you to offer a settlement, it is by no way the best deal they can offer. Only an experienced personal injury attorney can negotiate the best settlement and guide you through the deposition process. Don’t leave money on the table. Contact a personal injury attorney before you attempt to file a claim.