Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
The vast majority of personal injury claims end in a settlement before they ever reach trial -- mostly as a matter of economics. At some point, it usually becomes clear who is likely to prevail in a case and roughly what the value of an award will be if the case does go to trial. Unless the parties are too far apart in their desires to ever reach an agreement, it's usually far less expensive (and less stressful) to settle out of court instead of going to trial.
However, that doesn't mean that you won't have to face the defense attorney's questions at some point in a deposition. Here's what you should know about the purpose of depositions in a personal injury case.
What Is A Deposition?
A deposition is a formal part of the discovery process between the two sides involved in a lawsuit. You may have to attend only one or several during the course of your case. While depositions are less formal than a court trial and are held in conference rooms or offices instead of courtrooms, they do involve live testimony that is made under oath.
If you're asked to sit for a deposition, you generally don't have a choice. The opposing attorney will ask you -- and any other witnesses who are called to testify -- questions about the accident and your injuries. Your answers will be recorded (either using electronic equipment or through the services of a court reporter, or both). Anything you say in a deposition can be used later in court as evidence, so it's important to take the situation seriously and behave as if you were actually sitting in front of a judge and jury.
What Is The Purpose Of A Deposition?
From the defense's point of view, depositions serve several important purposes -- and it's smart to keep these in mind as you walk through the door to yours.
First, the defense is looking for information. By the time a case actually gets to trial, if it ever does, there should be no surprises for either side about the facts and available evidence. Depositions help the defense understand your point of view better and look for inconsistencies in your statements that could weaken your case.
Second, the defense wants to see how you handle yourself under the pressure of questioning. Are you personable? Can you stay calm when faced with challenging, intrusive questions? Will the jury sympathize with you? If so, that's more incentive for the defense to settle out of court, rather than take their chances.
If you're about to face a deposition in your accident case, don't try to handle it all alone. A personal injury attorney can help protect your rights and get you through the process with ease.
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