What Is Deposition in a Personal Injury Case?

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In a personal injury lawsuit, one of the key steps you’ll encounter is the deposition. Many people ask us at Carner & DeVita, “What is a deposition in a personal injury case?” Simply put, it’s a crucial part of the legal process where both sides can ask questions before the trial starts. This helps everyone involved gather important details and plan their strategies.

In this guide, our Suffolk County personal injury lawyers explain what happens during a deposition and why it’s so important, particularly under New York law.

What is deposition in a personal injury case?

A deposition is a sworn, out-of-court testimony by a witness or a party involved in the lawsuit. It is conducted under oath and recorded by a court reporter, making it an official document that can be used in court.

The primary purpose of a deposition in a personal injury case is to allow attorneys from both sides to collect detailed information from the parties involved, including the plaintiff, defendant, and witnesses. This process helps clarify the facts of the case, assess the credibility of the witnesses, and prepare for trial or settlement negotiations.

How many personal injury cases go to trial?

Key elements of a deposition

Testimony under oath

Like testimony in court, the deponent (the person being deposed) answers questions under oath. This means they are legally obligated to tell the truth, and lying during a deposition can lead to perjury charges.

Questioning by attorneys

Attorneys from both the defense and the plaintiff’s side can ask questions. The plaintiff’s attorney will clarify details that support their client’s case, while the defense attorney will seek information that might weaken the plaintiff’s claims or strengthen the defense.

Recorded by a court reporter

A court reporter records the entire deposition verbatim. This transcript can later be used in court, particularly if discrepancies arise between the deposition and courtroom testimonies.

The role of depositions in building a personal injury case

Depositions are a strategic tool in personal injury cases, serving several purposes:

Fact-finding – They provide a chance to gather detailed information about the incident, the extent of the injuries, and the impact on the plaintiff’s life.
Witness evaluation – Attorneys can assess how witnesses might present themselves at trial, including their reliability and demeanor.
Case strategy – Information gathered during depositions can significantly influence legal strategies, affecting decisions about proceeding to trial or settling out of court.

How Carner & DeVita can assist

Carner & DeVita has extensive experience managing the deposition process in personal injury cases. They can help clients in several ways:

Preparation – Preparing clients to answer questions effectively and truthfully, ensuring they understand them and avoid common pitfalls.
Conducting depositions – Skillfully questioning other parties to extract useful information while protecting client interests.
Using depositions strategically – Leveraging deposition transcripts in negotiations or at trial to strengthen the client’s position.

Maximizing the impact of depositions

With legal support from Carner & DeVita, depositions can be a powerful tool in achieving a favorable outcome in personal injury cases. Whether aiming for a fair settlement or preparing for trial, understanding and effectively navigating the deposition process is key to the success of your case.