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What Is The Purpose of A Deposition- Some Things To Know Before You Meet

A deposition is when a plaintiff meets with the defendant’s attorney to discuss facts regarding the case. The opposing side’s attorney will ask questions to gather information regarding the case. During this meeting the plaintiff’s attorney is present as well a stenographer (court reporter) that transcribes the meeting.

 

The reason that there must be a deposition is because when you file for a personal injury lawsuit the defendant’s attorney can ask you questions that will provide them with information, if the case isn’t settled outside of court. The attorney will most likely ask questions regarding your name, where you live, when you were born, who consists of your family, where you work or have worked, outside activities, volunteer work if any and other personal questions. The attorney will also inquire whether or not you had previous injuries prior to the present accident. For instance, if you broke your foot, have you sprained fractured or broke your foot in the past. Did you have trouble walking with that foot or have pain in it before your accident or was it strictly due to the accident.

They’ll inquire about where the accident occurred, who was there, did you talk to anyone immediately following the accident etc. Did you have to go to the hospital immediately following the accident or did you see your doctor? Did you have to follow up with a specialist, receive treatment for the injury and/or be absent from work because of the injury? Has it caused you to lose wages? Etc.

Some people are injured to the point of being unable to function as they did prior to the accident. Perhaps they are crippled now and their life drastically changed as far as where they can go, how they can get there, their inability to walk up stairs, etc. Injuries also result in emotional distress sometimes which can be post traumatic stress disorder, insomnia, anxiety, depression etc.

Before answering any of the questions noted above and others, the court reporter will have you take an oath. This is swearing that you are telling the truth.

During questioning you are allowed to take a break if needed, you’re able to ask the attorney to simplify a question if you don’t understand what he’s asking. Don’t speak at the same time because the court reporter won’t be able to clearly take notes. Once the question and answers begin you are not allowed to talk to your attorney however your attorney can object a question that you’re asked. Should he do so remain silent until directed to proceed. This objection is really for the record of the court reporter because the judge isn’t there. So it shouldn’t catch you by surprise if you lawyer tells you that you can answer his question following his objection.

Please remember that your deposition isn’t nor should it be a conversation with the defendant’s lawyer. You don’t have to provide details that you’d rather discuss in court. It is the attorney asking you a question and you answering. Anything more than that can be discussed with your lawyer during your private meetings and in court.

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