If you have been injured by a negligent party in the state of California, then you will have to go through an extensive process before the matter can be resolved. This process can be convoluted and challenging for most claimants. However, an experienced personal injury attorney will be able to smooth out the process and tell you what to expect.
One of the most important parts of any personal injury suits is the deposition. This is the process where the claimant is deposed by the attorney from the opposing party. While this process may seem intimidating, you can better handle the process when you know what to expect. Here is a look at what happens during a deposition and how you can best handle the process.
What is a personal injury deposition?
A personal injury deposition is an attempt to gather witnesses in order for both parties to get the information that they need in case the suit goes to trial. During the deposition, you as well as the witnesses in your case, are going to be deposed by the opposing counsel. Testimony during the deposition is taken under oath and can be recorded or transcribed and used during a trial.
Scheduling of the deposition
Depositions take place after the lawsuit has been filed and before the beginning of the trial. A deposition is known as the discovery phase of a suit. You will receive a notice of deposition to alert you that you are going to be deposed. The date and time of the deposition will be determined by both your attorney and the attorney from the opposing counsel.
The format of a personal injury deposition
The deposition will usually take place in the conference room of the deposing attorney and is not part of the official trial proceedings. Among the parties in attendance for the deposition include you, your attorney, the opposing party’s attorney, a court reporter, and possibility a videographer.
During the deposition, the opposing attorney will ask you a series of questions that must be answered truthfully. Some of the basic questions asked during the depositing will include your name, address, place of work, and other information. Afterward, the opposing counsel will ask you a series of questions in an attempt to refute your claim.
Some of the questions asked may include the following:
- What is your health before the accident took place?
- What happened before, during, and after the accident?
- What are your sustained injuries?
- What is your post-accident health?
- What lifestyle activities are you limited or unable to perform after the accident?
It is important that you answer all questions honestly during the deposition. Your personal injury attorney will prep you for the deposition and help boost your confidence to help you expertly handle the process.
You should understand that the deposition process is used to gather information used against you. Therefore it is important to answer all questions clearly and concisely. Bear in mind that your attorney can not advise you during your deposition. However, your attorney can raise objections during any part of the process.
Mastering the deposition process
The deposition process doesn’t have to be an intimidating ordeal. With a top personal injury attorney, you will be properly prepped for the process and be able to handle any question asked by opposing counsel. Be sure to work with an experienced personal injury attorney who has experience in your type of case.