Discovery is a phase in personal injury lawsuits.
It is the process of exchanging information and evidence between the parties.
Depositions are an important part of the discovery process and can provide key evidence a party may use to prove their claim.
What Is a Deposition in a Texas Personal Injury Case?
A deposition is testimony given under oath that is provided outside of court. Therefore, if the witness changes their testimony at trial, the deposition can be used to impeach their testimony.
Examples of witnesses that may be deposed in a personal injury case include, but are not limited to:
- The injured party
- The parties being sued
- Expert witnesses
- Doctors treating the injured party
- Eyewitnesses
- Other parties who may have information about the allegations
A court reporter places the witness under oath. The court reporter records the deposition and transcribes the entire deposition word-for-word.
The attorney who scheduled the deposition asks the witness questions. While the formal rules of evidence do not apply in depositions, an attorney can still object to questions based on relevance, privilege, or other legal grounds. Hence, you may be asked questions a court would not allow during a trial.
The attorney taking the deposition sends a subpoena (i.e., a court order) to the witness, informing them that they must appear at a specific time on a specific date to provide testimony during a deposition. Ignoring a subpoena for a deposition could result in a charge of disobeying a court order.
How to Prepare for a Deposition in Your Personal Injury Case
The opposing attorney will likely subpoena you for a deposition. Your injury lawyer will work with you to prepare for the deposition. However, your attorney cannot tell you what to say.
There are some things your attorney will review with you to help you during the deposition. Instructions your attorney may give you for a personal injury deposition include:
- Always be honest with your answers to questions. Do not lie or exaggerate; false testimony could result in legal consequences, including perjury charges.y
- Only answer the questions you are asked. Use “yes” and “no” unless asked to elaborate.
- Do not guess or estimate if you do not know the answer to a question. State that you do not remember or know the answer.
- Avoid becoming defensive. The attorney may anger you to get you to say something that hurts your case.
- Never answer a question you do not understand. Ask the attorney to rephrase or clarify the question.
- If a question refers to documents or evidence, ask to see the item before answering the question.
- Ask for a break if you need one.
- Respond verbally to questions instead of shaking or nodding your head.
Providing testimony during a deposition can be stressful. However, try to remain calm and focused on answering the questions asked. Your attorney will be present to ensure you are treated fairly and that the other attorney does not violate your rights.
What Types of Questions Do Attorneys Ask During a Personal Injury Deposition?
The questions an attorney asks at a deposition depend on several factors. The type of personal injury case, the person being deposed, and the disputed issues can dictate the information an attorney will seek during a deposition.
The attorney for the defendants will usually cover several common topics when they deposit the plaintiff. Questions that you can expect during your deposition include:
- How did your injury occur?
- What do you remember about the accident?
- Have you filed a personal injury claim prior to this claim?
- Do you have any pre-existing conditions?
- What type of work do you perform, and what is your income?
- What type of injuries did you sustain?
- How have your injuries impacted your life, such as activities you cannot perform?
- What economic and non-economic damages have you incurred from the accident and injury?
- What was your quality of life before the accident versus after the accident?
- Do you know of any witnesses to the accident?
- Have you provided formal statements or other testimony about the accident or your injuries?
The questions the attorney asks might not make any sense. For example, the attorney might ask you what you did the morning of an accident. It might seem irrelevant to you, but the attorney may hope for you to communicate something they can use as a defense to your claim.
If you feel frustrated or upset, ask to take a break. A short break can help you remain calm and focused.
If you want to help navigate your deposition and the discovery process more broadly, it’s best to talk with a Fort Worth personal injury lawyer at Anderson Injury Lawyers. You can contact us online or call (817) 612-9938 for a free consultation.