Personal Injury Lawyer
After assessing an injury case, our personal injury lawyer will consider whether or not it will be necessary to pursue depositions. This is an aspect of civil litigation that injury victims are often not familiar with, in large part because they are often not included in police procedural shows that are popular on television. However, depositions are very important because they include peoples’ testimony that can be critical to showing why a defendant is liable for the plaintiff’s damages. Attorneys believe it is important for their clients to understand the legal process as it affects their case and to feel empowered about making important decisions that might affect their future. Every personal injury lawyer at our firm shares this perspective, and we welcome questions and concerns voiced by those whose best interests we are sworn to protect. If you suffered a terrible injury in an accident, contact us to learn if you have grounds to seek compensation from the liable party. We do not charge for that first meeting, and the information you share with our personal injury lawyer will be held in the strictest of confidence.
How is a deposition defined by law?
A deposition is the oral questioning by a personal injury lawyer of a witness who swears under oath to tell the truth, the whole truth, and nothing but the truth. This is much like on a witness stand during a trial, but depositions take place before the trial begins. It is a legal proceeding, and what is discussed can and will be brought up later in court one or the other personal injury lawyer.
What happens during the deposition?
The person answering questions asked by the personal injury lawyer who called for the deposition is known as the witness. The process is considered a direct examination. In addition:
- Prior answering questions, the witness is placed under oath and promises to tell the truth.
- The questions will start with asking the witness their name, contact information, and other standard questions.
- The questions will then continue but will focus on the case.
- The personal injury lawyer representing the plaintiff as well as the lawyer for the defendant have the right to ask their own set of questions of the witness.
- Each lawyer has the right to object to the other lawyer’s questions.
- For most depositions, a judge is not present.
- A court reporter transcribes what is said during the deposition.
What are deposition transcripts?
The deposition transcript is generated by a court reporter. In a personal injury lawsuit, because it’s a civil proceeding, the transcript can be used in discovery. Discovery is the mutual sharing of information between the lawyers who represent both sides of the case. The deposition transcripts can also be used by either personal injury lawyer to support the motions that they raise in court.