What Is a Deposition in Personal Injury Law?
A deposition is a formal, out-of-court testimony given under oath during the discovery phase of a personal injury case. It allows attorneys to gather information, assess witness credibility, and build their case before trial. Depositions involve questioning a witness or party in the presence of a court reporter who transcribes everything said.
Key Purposes of a Deposition
- Fact Gathering: Attorneys obtain details about the accident, injuries, and other relevant issues.
- Assessing Witness Credibility: Depositions help determine how a witness might perform in court.
- Preserving Testimony: Statements made during a deposition can be used later at trial to challenge inconsistent testimony.
What to Expect in a Deposition
- Witnesses answer questions under oath, and their responses are recorded.
- Both sides' attorneys are present to ask questions and object if necessary.
- The testimony can be used as evidence or to negotiate a settlement.
Depositions play a crucial role in shaping personal injury cases. Proper preparation with a personal injury attorney ensures that witnesses provide clear, accurate testimony that supports their legal claims.