What Is A Deposition?

A deposition is a legal tool used to take a witness’s testimony under oath before trial. During a deposition, lawyers for each side ask questions to establish and discover relevant facts to a personal injury case. In other words, depositions help provide a complete understanding of what occurred and who was involved.

Deposition Basics

Depositions are critical to the discovery phase of a personal injury case, which is when the parties obtain and share the information they have with each other before trial begins. Once you receive a notice of deposition, participation is mandatory. Although no judge is present, all questions and answers are recorded by an official court reporter.

Types of Depositions

There are different kinds of depositions taken—for example:

Deposition of a Party to the Case

Each party to a lawsuit, the plaintiff (victim) and defendant (alleged at-fault party), will each likely be deposed. Usually, the attorney for the other side (the opposing counsel) will ask a series of questions called interrogatories. Your personal injury attorney cannot feed you answers, but they will have prepared you in advance for the questions. The following types of questions can be expected:

• What happened to you?
• Was anyone with you when the injury occurred?
• Were there witnesses?
• Did you file an insurance claim?
• Did you call the police?
• Did you see a doctor?
• Did you receive/continue treatment?
• How have you been feeling since your initial treatment?
• Has the injury affected your life in any specific way?
• What injuries have you had in your life?
• What illnesses have you had?
• Have you ever been involved in litigation before?
• Do you have a criminal record?
• What do you do for work?

Questions must be answered honestly. Lying under oath is a crime, and it also puts your credibility at risk.

Depositions of Witnesses Who Are Not a Party

The parties can also conduct depositions of any relevant witnesses in the case, but only one deposition can be taken of any individual. For example, doctors and other health care providers who treated the plaintiff may be deposed, as well as witnesses to the accident, people who are close to the plaintiff and have information as to how the accident-related injuries impacted their life, the plaintiff’s employer, and expert witnesses. Expert witness depositions are vital to the case. “Regular” witnesses cannot express an opinion when they testify, whereas expert witnesses use both facts and opinions to persuade jurors.

The Importance of Depositions

Many personal injury cases settle after the deposition phase. The reason is that the deposition reveals to the lawyers what kinds of evidence the other side has to bolster their case. Depositions may provide compelling evidence that makes the defendant far more open to negotiation. Alternatively, it may make the defendant more determined to try the case in court. Ultimately, once the deposition phase ends, both parties have a much clearer sense of the relative strengths and weaknesses of each side’s argument, which can renew either side’s interest in resolving the case before trial.