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What is a Deposition

What is a deposition? If you want to know what a deposition is, it is probably because you are being asked to give one.

You were injured as the innocent victim of an accident that was caused by the negligence of another party. In order to be compensated for your injury, you have decided to pursue a personal injury lawsuit against the party responsible for the accident.

A personal injury lawsuit is not something you should try and do, yourself. This is because it is a legal action that is brought in court. As such, a personal injury lawsuit requires a great deal of legal knowledge, skill and expertise that you probably do not have.

Legal procedures


The wise thing to do is to contact a personal injury attorney and have your case evaluated at no cost or obligation to you. A personal injury attorney knows the process involved in a personal injury lawsuit, as well as all of the legal procedures that are also involved and will advise you on whether it is in your best interests to file a lawsuit.

If your personal injury attorney advises you to take legal action, one of the first steps in a personal injury lawsuit is what is known as discovery. Discovery is the process by which you, and the party you are bringing the lawsuit against, get information from each other for the purpose of establishing the facts in the case.

Discovery may include things like you having an independent medical examination (IME), requests for documents, written questions known as interrogatories, requests for admission (admitting to certain facts under oath) and depositions.

Question and answer


Simply put, a deposition is a question and answer session in which the opposing attorney asks you questions about the case. Your answers to those questions are given under oath and recorded by a court reporter who will create a written transcript of your testimony to be used in court.

You may say, “But what if I do not want to give a deposition or refuse to do so.” The opposing attorney will subpoena you, and you will be forced to give a deposition.

One good thing is that you are allowed to have your attorney at the deposition. Your attorney has the right to object to any question that he or she believes is improper.

Clarification


A deposition is about you answering questions regarding the accident in which you were injured. During the deposition, you are not permitted to ask questions, except for asking for clarification of a question the opposing attorney asks that you do not understand.

A deposition has two purposes. It is to find out what a witness knows and to preserve that witness’ testimony. The intent is that all of the facts regarding the case will be known before going to court, and there will be no surprises in court.

A deposition is also very important because the vast majority of personal injury lawsuits never go to court. Most of the time, a settlement is agreed upon without having to go to trial.

Again, the wise thing to do is to contact a personal injury attorney and have your case evaluated at no cost or obligation to you.

Article written by James Shugart

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