Understanding The Process Of Deposition In Personal Injury Litigation

Most personal injury claims are settled before they reach trial. Typically, cases that continue through the litigation process involve genuine disputes about the law or the facts. Lawsuits are dispute resolution procedures. Each party presents evidence and legal arguments, and a jury determines who is right or wrong.

Modern civil litigation includes no surprises. During the discovery phase, the parties must exchange the evidence they expect to use at trial. This evidence may include testimony from one or more witnesses. A deposition is a discovery tool that lawyers use to gather information from a potential witness.The personal injury lawyers at Bachus & Schanker are litigators who routinely take and defend depositions. When you have questions about the deposition process, our experienced lawyers have answers.

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What Is A Deposition In Personal Injury Litigation?

The Colorado Rules of Civil Procedure describes a deposition as an oral or written examination of a witness. Lawyers use depositions as part of the personal injury litigation process to prepare for a trial.

Your lawyer will carefully review any documents and objects that may show up in the courtroom. They’ll know exactly what types of physical evidence they will have to present or refute.

In contrast, witnesses who take the stand can be unpredictable. To learn what a witness might say in court, a lawyer can request a deposition.

The lawyer taking the deposition asks questions, and the witness must answer them under oath. A court reporter will administer the oath and transcribe the questions and answers. Many depositions are also recorded.

Why Deposition Matters In Personal Injury Cases

Lawyers take depositions for the following reasons:

Preview a witness’s testimony
Lock in the witness’s story
Identify additional witnesses or evidence
Get the witness on record in case they cannot testify at trial

A deposition also has value to you, the plaintiff. You can tell your side of the story and rebut the other party’s version of the events. For example, if your personal injury lawsuit involves a car accident, you can explain what you were doing before the crash and what you saw the other driver do.

A deposition can also present risks. If you misspeak during the deposition or recall something differently at trial, the other party’s lawyer will seize on your mistake. They can make you sound unreliable or, worse yet, dishonest.

How To Prepare For A Deposition In Personal Injury Litigation

Since the opposing counsel will likely request your deposition, you may face so-called hostile questions. These types of questions may be phrased to trip you up or force you to admit something the other party can use at trial.

To prepare for these questions, you might meet with the lawyers at your Colorado personal injury law firm. They will explain the deposition process and discuss the questions you might be asked.

Your lawyer might advise you to pause after hearing each question. This brief moment has the following benefits:

The other lawyer can finish talking
You have time to think about the question and provide a clear answer
Your lawyer has time to object
The court reporter can transcribe your answer without any crosstalk

Another step you can take before a deposition is to get a good night’s sleep. In state court, a deposition can last up to six hours per day. Federal courts allow up to seven hours per day. Depositions can drain you mentally, and fatigue can cause you to make mistakes.

What Happens During A Deposition? A Step-By-Step Guide

The opposing lawyer will send your attorney a deposition notice. It will identify the time and location of your deposition. If you cannot make it, inform your lawyer so they can negotiate for an alternate day and time.

When you appear for your deposition, the court reporter will swear you in and start recording. The opposing lawyer will ask questions, and you will answer them. Your lawyer may object to certain questions, but you will likely need to answer these questions anyway.

After the opposing lawyer is finished, your lawyer can ask redirect questions. These questions may clarify your testimony or get favorable facts on the record.

The court reporter will produce a deposition transcript and a video or audio recording. You will receive a copy to review. If you have any corrections, you will submit them to your lawyer.

Common Questions Asked During A Personal Injury Deposition

Personal injury deposition questions usually focus on three areas. First, the lawyer will ask about the incident. For example, in a case involving a slip-and-fall accident, the opposing lawyer might ask what you were doing before your fall to determine whether you were distracted.

Second, you will answer questions about your injuries. The lawyer might ask what injuries you suffered, how you were injured, and whether you saw a doctor for a diagnosis. The lawyer will also ask about your treatment plan and whether you have been following it.

Third, the opposing attorney will ask about your losses. They may ask about your medical expenses and whether you need more treatment or therapy. They will also ask about any limits on your activities, particularly those that affect your ability to work.

How A Deposition Affects Your Personal Injury Case

Depending on your preparation and your lawyer’s skills, a deposition can help or harm your case. During a deposition, you have the chance to tell your story in your own words. You can also rehearse what you will say at trial.

On the other hand, the other lawyer’s job is to try to show that you are confused, unreliable, or lying. You must stick to your story and trust your lawyer’s ability to defend you.

The Role Of Your Personal Injury Lawyer During The Deposition

Your personal injury attorney will be present to defend your deposition. This defense will include stopping the other lawyer from asking confusing or misleading questions, objecting to improper questions, and advising you during breaks.

However, some courts have local rules or discovery orders limiting your lawyer’s ability to interrupt or advise you during your testimony.

Tips For Giving A Deposition In Personal Injury Litigation

A deposition can be nerve-racking. However, you can feel more confident if you follow a few tips:

Find a lawyer with litigation experience
Follow your lawyer’s guidance and advice
Get a good night’s sleep before the deposition
Stay calm and patient during your deposition
Review the transcript carefully and correct any errors

By understanding the deposition process and preparing for potential questions, you can get favorable information on the record and avoid making inadvertent admissions.

Contact Us For Help With Your Case

The attorneys at Bachus & Schanker have decades of litigation experience. We know how to prepare you for your deposition and defend you while you testify