Why Do I Need to Do a Deposition?

When you’re involved in a personal injury case, you might be surprised or even frustrated when you’re asked to give a deposition. Clients often ask, "Why do I need to do a deposition? They hit me. They’re at fault. They know what happened!" While it may seem unnecessary, a deposition is a critical part of the legal process, and understanding its importance can help ease your concerns. 

In this blog, we’ll explain what a deposition is, why it’s necessary, and how it can actually strengthen your case.

What is a Deposition?

In short a deposition is simply a formal interview. A deposition is a legal procedure where the parties involved in a lawsuit (both the plaintiff and the defendant) provide sworn testimony outside of the courtroom. It usually takes place in a law office, and while it may seem informal compared to a courtroom trial, it is still a serious part of the discovery process. Your deposition testimony is given under oath, meaning that it has the same weight as testimony provided in court.

During the deposition, attorneys from both sides have the opportunity to ask questions about the accident, your injuries, medical treatments, and how the incident has affected your life. Everything you say is recorded by a court reporter and may be used later in court, if necessary.

Why Do I Need to Do a Deposition?

Even if the other party is clearly at fault and the facts seem straightforward, a deposition is still required for several reasons:

1. Establishing a Clear Record

The legal system operates on documented evidence and sworn testimony, not assumptions. Even though you believe the facts are obvious, both sides must build a clear, official record of the events. Your deposition provides the official first-hand account of the accident, how it happened, and how it impacted you. This information helps clarify the details for the judge, jury, and attorneys involved.

2. Assessing the Credibility of Your Story

Depositions allow the opposing attorney to evaluate your credibility and consistency. If your account of the accident is clear, honest, and consistent with other evidence, it strengthens your case. On the other hand, if there are contradictions or inconsistencies, the opposing side may use that to challenge your version of events later in court.

By giving a thorough and truthful deposition, you provide an opportunity for your story to be heard and believed by everyone involved in the case.

3. Clarifying the Impact of the Accident on Your Life

Your deposition isn’t just about who caused the accident; it’s also about how the accident has impacted your life. This includes physical pain, emotional suffering, lost wages, medical expenses, and any ongoing issues you face as a result of the incident. By clearly articulating these details in your deposition, you help establish the full scope of damages you’ve incurred, which is vital when seeking compensation. Many times the defense will be able to subpoena most of the information in your case from the police, doctors, employers etc. However, they cannot subpoena how your life has changed. Working with your attorney prior to the deposition will help you clearly articulate the impact on your personal life so that your deposition testimony is an asset to your overall case. 

4. Providing Evidence for Settlement Negotiations

Depositions are an important tool for both sides to gather evidence. The details and information revealed during a deposition can significantly influence settlement negotiations. If the opposing party sees that your testimony is strong and your damages are well-documented, they may be more inclined to offer a fair settlement before the case even goes to trial.

On the other hand, if you refuse to provide a deposition, it could weaken your case and give the other side the upper hand during negotiations.

5. Understanding the Opposing Side's Strategy

Your deposition also gives your attorney an opportunity to understand the opposing side’s strategy. The questions they ask might reveal what they are focusing on or any weaknesses they believe exist in your case. This information can help your attorney prepare a stronger defense or anticipate challenges at trial.

6. Preparing You for Trial

While most personal injury cases settle before trial, it’s important to be prepared for the possibility of going to court. A deposition gives you a chance to practice giving testimony in a formal setting. Your attorney can help you understand what types of questions to expect, how to answer clearly and honestly, and how to stay calm under pressure. By going through the deposition process, you’ll be more comfortable if the case proceeds to trial.

What Happens During a Deposition?

In a typical deposition, you will be asked a series of questions by the opposing attorney. These questions can cover a wide range of topics, including:

  • The details of the accident (where it happened, how it happened, and who was involved)
  • Your actions before and after the accident
  • Your medical treatment and injuries
  • Any previous injuries or accidents
  • How the accident has impacted your daily life, including work, hobbies, and relationships

Your attorney will be with you during the deposition to ensure that the questions are fair and to object to any inappropriate questions. You are not expected to know every detail off the top of your head, but it is important to be truthful and clear in your responses.

Tips for a Successful Deposition

Here are a few key tips for making sure your deposition goes smoothly:

  • Tell the truth: Since you are under oath, it’s crucial that your answers are honest. If you don’t know the answer to a question, it’s okay to say so.
  • Be concise: Avoid over-explaining. Answer the question that was asked without providing unnecessary details. Your attorney can help guide you on how to respond.
  • Stay calm: It’s normal to feel nervous, but try to stay calm and composed. Remember, your attorney is there to protect you throughout the process.
  • Take your time: If you don’t understand a question, ask for clarification. Don’t rush your answers.
  • Listen to your attorney: Your attorney knows your case best and has hopefully been in thousands of depositions. Listen to your attorney’s recommendations prior to your deposition. 

Conclusion: A Deposition Can Strengthen Your Case

While it might feel unnecessary or even frustrating to go through a deposition when the facts of your case seem clear, it is a critical step in the legal process. A deposition allows you to present your version of events, establish your credibility, and provide a clear record of how the accident has impacted your life. By giving a strong deposition, you strengthen your case and increase your chances of receiving fair compensation for your injuries.

If you’ve been asked to give a deposition and have concerns about the process, Harris Personal Injury Lawyers can help guide you every step of the way. Contact us today at 1-800-GO-HARRIS for a free consultation, and let us ensure that you are fully prepared to give the best possible testimony in your personal injury case.