If you’ve been injured in an accident and are pursuing a personal injury claim, you might have heard the term “deposition.” But what is a deposition, and what role does it play in a lawsuit? San Antonio personal injury attorney Dr. Louis Patino dives into the details of this crucial step in the legal process.
What Is a Deposition?
A deposition is a formal interview conducted under oath as part of the discovery phase in a lawsuit. Discovery is the first step when pursuing a personal injury trial. Its purpose is to gather evidence and assess the credibility of witnesses who may be called to testify at trial. Sometimes, your attorney may introduce deposition testimony as evidence during a trial, allowing witnesses to testify without being present in court.
This fact-finding mission is a critical step, as it forms the foundation of the case. Offering evidence during a deposition can seem intimidating, but understanding what to expect can help you feel more prepared and confident.
When Does a Deposition Happen?
Not every personal injury claim will involve a deposition. Most cases settle out of court and will never reach this stage. However, if negotiations stall, the other party disputes your claim, or your losses exceed insurance policy limits, you might sue and enter the discovery phase.
Unlike the dramatic courtroom scenes you might see on TV, depositions happen in a more relaxed setting — often an attorney’s office. Here’s who you can expect to be present:
- You (the deponent)
- Your attorney
- The opposing party’s attorney
- A court reporter
- Sometimes, the opposing party.
The court reporter’s job is to preserve the record by creating a transcript of everything said during the deposition. Your attorney can use this record in your case, and potentially as evidence at trial.
What to Expect during a Deposition
Every case is unique, but some common elements of depositions can give you an insight into what to expect.
The process, whether your attorney is deposing you or a witness, is typically as follows:
- Swearing in: The witness swears an oath to tell the truth, the whole truth, and nothing but the truth, just like before testifying in a courtroom.
- Background questions: The attorney may start with basic questions about a witness’s background, such as their name, address, and occupation. These details can help establish credibility, especially if they are an expert witness, such as a medical professional.
- Accident-related questions: If you testify in a deposition, your lawyer will ask you to describe the accident in as much detail as possible, including what happened before, during, and after the incident.
- Injury questions: If you are testifying, your attorney will also ask about the injuries you sustained, the medical treatment you’ve needed to date and may need in the future, and how your injuries have affected your life.
- Follow-up questions: Your attorney may ask for clarification or details on certain points.
Remember, the goal is to gather information, not to trick you. However, it’s crucial to be prepared and to answer honestly and accurately.
Tips for a Successful Deposition
Navigating a deposition can be challenging, but these tips can help:
- Tell the truth: This might seem obvious, but it’s the most important rule. You’re under oath, and lying can severely damage your credibility and overall case, not to mention put you at risk of penalties for perjury.
- Listen carefully: Make sure you understand each question before answering. If you’re unsure, ask for clarification.
- Be concise: Answer the question, but don’t volunteer additional information. If your attorney needs more information or wants to clarify any testimony you’ve given during cross-examination (when the defendant’s attorney asks you questions), they can follow up during redirect.
- Take your time: There’s no rush and you are not on the clock. It’s okay to pause before answering if you need to.
- Stay calm: The opposing attorney might try to fluster you. Remain composed and stick to the facts.
- Don’t guess: If you don’t know or can’t remember something, it’s okay to say so.
- Let your attorney object: If the opposing lawyer asks an inappropriate question — such as asking you to speculate on something you do not have first-hand experience or expert knowledge of — or is argumentative, your attorney will object. Wait for them to do so before answering. Unless your attorney advises otherwise, you will likely still need to answer the question, as there will not be a judge present to rule on the objection. However, giving your attorney time to object allows the record to be made, and a judge can later rule on whether such testimony should be admitted as evidence.
What Happens After the Deposition?
Once the deposition is complete, both sides will receive a transcript. This information helps attorneys evaluate the strengths and weaknesses of the case. Often, settlement negotiations will resume based on the information gleaned from the deposition.
If all parties cannot agree to a settlement, the case may proceed to mediation (more formal talks held by a neutral party) or trial.
Do You Need a Lawyer for a Deposition?
While it’s not mandatory to have a lawyer present during a deposition, it’s highly recommended. An experienced personal injury attorney can:
- Prepare you for what to expect
- Object to inappropriate questions
- Advise you during breaks
- Ask the most relevant questions to glean vital information for your case
- Protect your rights throughout the process.
A deposition can be a pivotal moment in your personal injury case. It’s your opportunity to tell your story and provide crucial information that could influence the outcome of your claim. While it might seem daunting, remember that with proper preparation and the right legal guidance, you can navigate this process successfully.
