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November 06, 2019

What takes place in a personal injury deposition?

Posted by Dan Dewoskin in Articles, Auto Accident, Blog, Civil, Personal Injury, Serious Personal Injury and Wrongful Death

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If you are considering filing a personal injury lawsuit as a result of being injured in a car wreck or any other incident in which you are injured as a result of another person’s negligence, it is likely you will be questioned by opposing counsel in a deposition.

Any number of people may be deposed as part of a personal injury lawsuit – you, the defendant, witnesses, and experts (doctors, accident reconstructionists) are the most likely people to be deposed. Each deposition type is different. If you are deposed as the plaintiff, you will be in a room with a court reporter (whose job is to transcribe what everyone says), your attorney, and the defendant’s attorney.

You will be placed under oath just as you would be if you were testifying in court. Opposing counsel will ask you a series of questions. Some of the questions will be designed to learn more about you personally: your education, your employment history, etc. Some of the questions will focus on how the car wreck took place. Many of the questions will focus on your injuries, the medical treatment you received, and the current status of your health as it relates to the injuries you suffered in the wreck.

The answers you give can be used against you if you were to testify differently at trial. For that reason, it is important to thoroughly prepare with your attorneys prior to being deposed. Your attorneys should review the above matters with you, as well as your responses to any written discovery, any exhibits that might be used at trial such as the crash report filed by the responding officer, any photos taken of the scene, and your medical records.

Your testimony during a personal injury deposition can make or break your case. Even if you are doing your best to answer honestly, failure to prepare for the deposition can be costly because you may forget certain details.

If you or someone you know has been involved in a motor vehicle collision in DeKalb County, the Atlanta metro area, or anywhere in Georgia, reach out to the DeWoskin Law Firm. Let us guide you through the process and maximize your recovery. Call us at 404-987-0026.

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Author: Dan Dewoskin