Being involved in a personal injury lawsuit can be a long process, and in many cases, the time leading up to the trial can be lengthy. A settlement offer from the at-fault party, which could at any time, is far more preferable than taking your case to court. The court will only add even more time to the process and could end up costing even more money; money that needs to come to you to compensate you for your injuries. Part of preparing for an eventual court case involves the sharing of information among both sides, and the deposition is a big part of this pretrial process known as discovery. Read on for what you need to know about your deposition:
Why have a deposition? You may be asking what the purpose of this legal meeting really is and how it can benefit your case, and the answer is two-fold. Court cases use the discovery aspect of the trial process as a way of allowing both sides to meet in court having had equal access to all available information. Courtroom surprises are primarily the stuff of fiction; most of the time each side knows exactly what evidence the other side has, who will be called to testify and what the testimony will be.
The deposition can also be viewed as a sort of practice question and answer session that will not only help prepare you for trial but also as a valuable way to let to the other side know what they will be facing in court. Many court cases never even come to trial given the evidence presented at a deposition, and you should not be too surprised to find yourself the recipient of an offer to settle the case once the deposition happens.
What you can do to be prepared: While your legal team will be ready and able to get you ready for your deposition experience, you can help make your testimony go smoother and more successfully by reviewing the facts of your case. Look back on your medical records, notes about the accident, your journal (and keeping a journal is a great idea), the accident or police report and other related paperwork.
What will go on at the deposition: Anyone associated with your personal injury case will be called to give their testimony, and any unwilling parties will be subpoenaed if necessary. Only the person being questioned, the attorneys and a court recorder will be present in the room, however. There is no judge and no audience present. It's important to know that everything said at the deposition can and will be used during your trial and those who perjure themselves could face penalties since each participant is sworn to tell the truth.
To get more information about your deposition, speak to your car accident attorney.Share