After a personal injury claim has been formalized by a lawsuit, the process of both plaintiffs and defendants taking “depositions” begins.
What is a Deposition?
A deposition is a question-and-answer session where the plaintiff or witness is questioned under oath by attorneys before an authorized court representative (“court reporter”).
Depositions are taken by the attorneys for each party in order to investigate factual disputes and judge the value and credibility of a claim. This process, called “discovery,” is a key element that often leads to compromise or settlement of the plaintiff’s claim.
Another use of depositions is during trial. Either party may utilize a deposition in lieu of a witness’ live testimony if the witness is unavailable.
How Do I Prepare for My Deposition?
If you are a party to a personal injury case, your attorney will meet with you before the deposition to discuss the likely areas of discussion. If you are a witness (not a party to the lawsuit), then no specific preparation for the deposition is necessary—although you may wish to review any photographs, accident reports, or prior statements that you have given so your testimony is consistent.
You should not be intimidated by a request to have your deposition taken. A deposition is your opportunity to add to the judge or jury’s understanding of the circumstances that lead to the claim.
If you have any questions concerning depositions, please contact the experienced legal personal injury team of Anderson Blanda & Saltzman at (337) 233-3366.