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What to Expect During a Personal Injury Deposition

September 13, 2024 | Personal Injury

courtWhat exactly is a personal injury deposition, and why is it so important for your case? This formal legal process allows attorneys from both sides to question witnesses under oath before a trial begins. Recorded by a court reporter, the testimony gathered during a deposition plays a significant role in the courtroom, providing a foundation for the trial’s proceedings.

Whether you are the plaintiff, a witness, or simply seeking to understand this phase of a lawsuit, knowing the questions you may have to answer, including personal and accident information, can help you increase the chances of a favorable outcome. The lawyers of Goza & Honnold will handle all aspects of your personal injury claim, including preparing clients for depositions that may impact their personal injury case.

What Is a Personal Injury Deposition?

A personal injury deposition is a critical phase in the discovery process of a lawsuit, where attorneys from both sides can question involved parties under oath. This formal proceeding is recorded by a court reporter under oath, and the transcribed testimony can be used in court. The primary goal of a deposition is to uncover all relevant facts from the participants, clarify details, and gauge the party’s credibility.

During a personal injury deposition, the plaintiff (the injured party) is often required to give a detailed account of the accident, describe their injuries, and discuss the impact of injuries on daily life. However, it is not just the plaintiff who can be deposed; witnesses, medical experts, and other parties involved in the case may also be called to testify.

Depositions allow the lawyers to assess the strengths and weaknesses of the case from both sides, helping them build their strategies for trial or negotiate settlements. For plaintiffs, it’s crucial to prepare thoroughly for a deposition.

This preparation usually involves reviewing the facts of the case with a Goza & Honnold lawyer, understanding potential questions you might face, and learning the best practices for providing clear, concise, and honest answers.

What to Expect During a Personal Injury Deposition

If you’re familiar with courtroom dramas on TV, you might envision a deposition as a high-tension scene with lawyers aggressively questioning witnesses. However, the reality of a personal injury deposition is typically much more subdued.

Rather than taking place in a courtroom, depositions generally occur in a quiet conference room setting, where the atmosphere is professional and even cordial. The opposing attorney’s demeanor is often polite and professional, aiming to encourage open and forthcoming responses rather than intimidation.

In a deposition, you’ll be asked a variety of questions by the opposing counsel, and your responses will be recorded in a transcript. While your Goza & Honnold lawyer can’t answer for you, they will help you prepare for the types of questions you might face. These can include the following:

  • General Personal Information: Basic details such as your name, contact info, family, job, etc.
  • Prior Physical Condition: Questions about your health before the incident, particularly relevant to the injured part. For instance, if you’ve injured your shoulder, they might ask about any previous related injuries or your dominant hand.
  • Accident Information: You’ll need to describe how the accident occurred, who witnessed it, the weather conditions, and any conversations you had at the scene. 
  • Injury Description: Detailed information about your injuries, where and how you were treated, any surgeries, and ongoing care like therapy. These details are vital to establish the extent and impact of your injuries.
  • Life After the Accident: This part allows you to explain how the accident has altered your life, detailing the physical, emotional, and financial difficulties you’ve faced since.

Throughout both the preparation and the actual deposition, your Goza & Honnold attorney will be essential support — guiding you on how to frame your answers, objecting to inappropriate questions or behaviors from the defense attorney, and ensuring compliance with all rules of evidence and civil procedure in accordance with applicable state and federal laws.. This preparation and support help protect your testimony and ensure it accurately reflects your experience and the impact of the accident.

Speak With the Personal Injury Lawyers of Goza & Honnold

Navigating the complexities of a personal injury deposition can be daunting, but we at Goza & Honnold are here to guide you through every step. With our extensive experience in personal injury law, we ensure you’re well-prepared and confident for your deposition. We work closely with you to review the facts, anticipate questions, and develop clear, honest responses to strengthen your case.

Our dedicated team understands the importance of a deposition in building a compelling narrative for your injury claim. We are committed to protecting your rights and providing the support you need to effectively convey your story. Contact us at (913) 451-3433 or visit our contact form to discuss your case and how we can help you through this critical phase.