Similar to testifying at trial but without a judge or jury present, a deposition is sworn, out-of-court testimony that both sides use to gather facts before a lawsuit goes to trial. When you sit for a deposition, you will be sworn in and asked to provide truthful answers to a series of questions. A court reporter will be present and record everything that is said. Your lawyer will be there to protect your rights and can object to improper questions. The other party’s representative will also have the opportunity to pose questions.
The personal injury lawyer who represents you will take the time to explain exactly what a deposition is, how it works, and what to expect. They may conduct practice sessions with you so that you feel well-prepared on the day of your deposition.
Why Are Depositions Necessary in Personal Injury Cases?
A deposition is a part of the discovery phase of a lawsuit. It is a sworn testimony given in an out-of-court setting. In many cases, it will take place in a lawyer’s office or conference room. A deposition is a fact-finding session taken for the following reasons:
- Learning the facts: It allows representatives for the plaintiff (the injured party) and the defendant (the at-fault party) to learn the facts of the case.
- Weighing each side’s case: It gives each side a glimpse into the other side’s case and an opportunity to understand their own and the opposing side’s strengths and limitations.
- Previewing trial testimony: It paints a realistic picture of how a plaintiff or defendant may conduct themselves if the case results in a trial.
One of its primary purposes is to understand how and why your accident occurred and how it affected you physically, mentally, and emotionally. If the other involved party attributes any percentage of fault for the accident to you, their allegations can be addressed during deposition.
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Will There Be a Deposition Even If There Is Not a Trial?
It is possible that you will have a deposition and your case will not continue to trial. Most personal injury cases are settled outside of court. As your personal injury lawyer can attest, a settlement often follows when the evidence clearly points to the other party’s negligence.
The testimony given at a deposition (yours and the at-fault party’s) could sway your case toward a settlement rather than a lengthy civil procedure. This possible outcome makes the deponent’s (the person being questioned) truthful responses critically important.
Your deposition can also follow your case into the courtroom. Under O.C.G.A. § 9-11-32, the other side may use your deposition at trial, including pointing out differences between what you said then and what you say on the stand. Giving the same truthful account each time protects your credibility.
How Does the Question-and-Answer Process Work During the Testimony?
When a representative for either side wants to depose a witness, they must give them reasonable notice. Everyone is entitled to time to prepare.
Each side will have the opportunity to ask the witness questions. Just as it happens in court, one side will pose their questions, and the other side will pose theirs. Some of the things your personal injury lawyer can do is make objections to certain deposition questions and may ask you not to respond to a question.
What Type of Questions Will Be Asked When Being Deposed?
There is no list of questions or formulaic approach to questioning. Even two witnesses in the same case may not be asked an identical list of questions. In a personal injury case, you might be asked questions such as:
- Where do you live, and what is your educational background?
- How do you know the other people involved in this case?
- Where were you going, and what happened just before the crash?
- What injuries did you suffer, and how do they affect your daily life?
- Have you ever been treated for an injury to the same part of your body?
- Have you ever filed an injury claim or lawsuit before?
- Where do you work, and how much work have you missed?
These are only sample questions. Your lawyer will explain the questions they expect you to be asked in greater detail. They will also explain the importance of providing truthful, straightforward answers and concise responses. Only answer the questions you are asked without any embellishment.
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Who May Be Present During the Deposition?
It can be stressful and intimidating to talk about your accident, injuries, and potentially personal matters in front of strangers. This is one reason why your lawyer works with you prior to the deposition date.
At your deposition, multiple people may be present. Of course, you will be present. In addition, the following people will be there:
- The at-fault party’s attorney: They will ask their own set of questions.
- Your attorney: They will protect your rights throughout the process and work hard to make you comfortable.
- A court reporter: They will record everything that is said, including questions, responses, and objections.
The room will not be full of people, though other witnesses in your case might be in attendance.
What Happens Before the Deposition? What Happens Afterward?
Before you are deposed, the court reporter will swear you in. The procedure will be explained to you along with certain rules, such as:
- Provide honest answers: You are under oath, and your testimony can be used later in your case.
- Respond in complete sentences: Clear, spoken answers help the court reporter create an accurate record. Avoid nodding, shrugging, or answering with sounds like “uh-huh.”
- Do not guess if you do not know the answer: It is okay to say “I don’t know” or “I don’t remember.” A wrong guess can later look like an inconsistency in your testimony.
- You will be asked about your mental clarity: The attorney may ask whether medication, illness, or fatigue could affect your ability to answer questions clearly.
After the deposition is over, you can leave. The court reporter will transcribe their notes and provide copies to each side’s attorney. Your lawyer can also give you a copy if you want.
You may also be able to review the transcript for errors. Under O.C.G.A. § 9-11-30, if review is requested before the deposition ends, you have 30 days after being notified that the transcript is available to read it and list any changes, along with your reasons. Your lawyer can request this review on your behalf.
Plus, you will not pay out of pocket for your deposition. When the other side takes your deposition, Georgia law requires them to cover the cost of recording it. We advance any related expenses on your side, such as a copy of the transcript, and they are repaid from your recovery only if we win.
How Long Do Personal Injury Depositions Take?
Every deposition is different, so there is no predetermined timeline for one. A deposition can be very lengthy, sometimes lasting for hours. If it becomes particularly lengthy, a deposition can even span multiple sessions.
Dress comfortably and let your attorney know if you are feeling overwhelmed, ill, or would benefit from a short break. The office staff may give you some water upon request since the session can take a long time.
Get Help Understanding the Deposition Process With Kaine Law
If you are pursuing compensation after a negligence-based injury, you might be required to participate in a deposition and answer questions about your case. You do not have to attend your deposition without legal guidance and support.
Our client-focused team at Kaine Law is ready to answer your questions and help you hold the at-fault party financially liable for your accident-related expenses and losses. Contact our consultation team to learn more about what a personal injury deposition is, how it works, and what you can expect. We offer free consultations and work on contingency.
Call or text 404-214-2001 or complete a Free Case Evaluation form
