After you get hurt in an accident caused by another party’s negligence, you might file a personal injury lawsuit to recover compensation. During a personal injury case, you may have to sit for a deposition, where your attorney and the opposing party’s counsel ask you questions about the case. Knowing what to expect during a personal injury deposition can help you prepare to give favorable testimony for your case.
What Is a Deposition?
During a deposition, parties in a civil lawsuit take out-of-court testimony from a party or witness under oath. Parties may request depositions to get testimony on the record to understand how a party or witness would testify at trial. The people present at a deposition include the party or witness who will answer questions in the deposition, the parties or their legal counsel, and a court reporter who will transcribe what everyone says in the deposition. Parties can use the deposition transcript at trial, such as to undermine a witness’s credibility with prior inconsistent testimony they gave at their deposition.
The Deposition Process in New York
A deposition usually occurs at a law office or another neutral setting, rather than in a courtroom in the presence of the judge presiding over the personal injury lawsuit. The deposition begins with the court reporter swearing in the witness, which imposes a duty on the witness to tell the truth. The party that called the deposition will question the witness first. In many cases, the opposing side will also ask the witness.
During a deposition, parties may ask questions they couldn’t during a trial because the question would elicit inadmissible testimony in a trial. Parties can lodge objections to questions as improper or seeking inadmissible testimony, with the parties later agreeing or seeking a court ruling to exclude those questions and the witness’s answers from the transcript.
Common Areas Covered in Personal Injury Depositions
The types of questions asked during a personal injury deposition will depend on the witness’s role in the trial. For example, expert witnesses may get questions about their expert report. A defendant may get asked about the events leading up to the accident. Personal injury plaintiffs can expect various categories of questions during a deposition, such as:
- Background information, such as employment and medical history
- Recollection of the accident
- Injury details, including diagnoses, medical treatment, pain levels, or current limitations on work or social activities
- Effect of the accident on daily life, including how injuries or emotional distress have affected working ability, family or social relationships, ability to partake in hobbies or activities, and overall quality of life
- Claimed losses, including medical expenses, lost wages, and property damage
How to Prepare for a Deposition
Personal injury plaintiffs can take various steps to prepare for a deposition, including:
- Reviewing the facts of the accident, including notes or written statements you made or official accident/incident reports
- Discussing likely questions and practicing clear, truthful answers
- Understanding the importance of giving honest answers and refraining from guessing or speculating to fill in gaps in your recollection
- Practicing listening carefully to the complete question before answering and giving as succinct an answer as possible, while not leaving out material information that could make an answer misleading
Why Depositions Matter in Personal Injury Cases
Deposition testimony can influence settlement negotiations by helping parties understand the strengths and weaknesses of their respective cases. Depositions also put parties and witnesses on the record, which could lead to challenges to credibility when they give inconsistent testimony at trial.
Contact a Personal Injury Lawyer Today
Having experienced legal counsel can make it less stressful to get ready for a personal injury deposition. Contact McCann Legal, PC today for a free, no-obligation consultation with a personal injury attorney for help preparing for a deposition in your New York personal injury case.