A deposition is an important part of the legal discovery process in personal injury cases. Depositions are used to obtain sworn testimony of individuals outside of the courtroom. Anyone who has relevant testimony to the case may be deposed, but common individuals who may be deposed are the plaintiff, defendant, doctors, and experts who can testify about the accident or resulting injuries.
Depositions are important tools used by both the plaintiff and defense to gather evidence and strengthen their case. Being prepared will help you remain calm and do well during your deposition if you have been called to a deposition. Here is what you need to know about depositions.
Do I Have to Come to My Deposition?
Yes, the Nevada Rules of Civil Procedure require the person being deposed (the “deponent”) to be present at the deposition. In fact, the rules state that a subpoena may be used to compel your attendance at the deposition. Failure to appear at the deposition after a subpoena has been issued could result in legal implications.
If you have been hurt in a car accident or other type of accident, you should be excited at the chance to present your side of the story. A deposition allows you the opportunity to tell your story about the accident and how your injuries have affected you. Remember that you will be under oath at your deposition, and everything you say will be recorded. You should always give truthful answers to all the questions that are asked during the deposition.
Who Will Be Present at My Deposition?
Generally, anyone is allowed to attend a deposition unless the court has specifically prohibited that person from being present. However, the parties to a deposition or their lawyers may request the court to remove certain individuals from a deposition. In reality, this almost never has to be done.
The attendees who are present at most depositions include:
- The deponent
- The deponent’s lawyer
- Opposing counsel
- Court report
- Videographer
- Interpreter, if needed
If you are being deposed in a personal injury case, the defendant may sometimes be present. However, they are often not required to attend the deposition of the plaintiff. Depositions are often held at an attorney’s office, although they can be held anywhere that is agreed upon by both sides.
A deposition feels very formal, especially with the court reporter and videographer present. The key is to remain calm and confidently answer the questions that are asked of you. Your attorney will be present with you and may be able to intervene if things get off track.
What Types of Questions Will I Be Asked During a Deposition?
The questions asked during your deposition will depend on the specific details of your case. For instance, the questions asked in a slip and fall accident case will be much different from those asked in a medical malpractice suit. Generally, a deposition in a personal injury case is used to gather as much information about you and your injuries as possible. The types of questions you can expect are:
Background Information
A deposition usually starts by asking questions to confirm your background information. You may be asked to confirm your name, address, employment history, and other personal information. You may also be asked about your educational background and medical history.
Specifics of Your Injuries
A lot of time will be spent during your deposition inquiring about the specifics of your injuries. Questions will be asked about how your injuries occurred, the types of treatments you have received, and which doctors you have visited. The opposing party may also ask you about your diagnosis and any expected future medical treatment needs.
Effects of Your Injuries
Expect that you will be asked several questions about how your injuries affect your daily life. You could be asked to describe changes to your daily routine because of your injuries, or you may be asked to explain why you can no longer perform the same type of work you did prior to your injury.
Keep in mind that depositions can sometimes last several hours, depending on the specifics of your case. Your lawyer may request several breaks throughout the deposition to allow you time to clear your mind and continue with the deposition.
Can My Lawyer Help Me During a Deposition?
Most injury victims feel that depositions are extremely intimidating. Having another lawyer grill you with questions can be difficult. However, your lawyer will do several things to help you through the process.
First, your lawyer will make sure that you are fully prepared for the deposition. Preparation may include sample questions or even role-playing exercises. When the day of your deposition arrives, you should be fully prepared to handle it with confidence.
Next, your attorney will be present during the deposition. They can object to questions they feel are not appropriate, and they will advise you whether or not to answer those questions. Similarly, they may ask for a short break if they can see that you are getting frustrated or confused. While your lawyer cannot answer the questions for you, they will be there to help you as needed.
If you have been hurt in an accident, Battle Born Injury Lawyers can guide you every step of the way, including through the deposition process. Contact a personal injury lawyer today at 702-570-9000 to receive a free consultation.
