Tips & Tricks – Personal Injury Discovery Deposition
October 12, 2011
Here is something no one likes–having each and every word they say be written down, recorded with the possibility to be used against them at any time in the future. If people were robots with digital memory where with a press of button exact words could be heard over and over again, then personal injury depositions would not be anything to worry about–regrettably people are not robot and their memory is not perfect.
Technically, a deposition is part of the discovery process and it occurs once a lawsuit has been filed and the personal injury litigation process is on its way. It is there for the other side to ask questions and see what answers the deponent gives–all answers being recorded by a court reporter and all answers are under oath. This way, the other side gets to hear what the deponent has to say–although in the process, many defense counsels will attempt to shape the story and get the deponent to say things their way to support the defense narrative of a case.
A deposition is also used by the other side to evaluate the deponent and see how he or she will do in front of a jury. Whether they come across as believable? Honest? What are the chances that a jury will like them and therefore believe their story? These considerations are very important when comes time to talk settlement because one of the basis of the settlement is how a person will do in front of the jury and whether or not they will be believable.
Because depositions are part of the discovery process, they have to occur. Many times, it is a hassle to have to take off of work and tell your story again but failure to appear at your deposition may harm your case beyond repair. One sanction imposed by Courts for the failure to appear at a deposition is that you will be barred from presenting any evidence at your trial–which effectively kills any chance you may have to win your personal injury case. Without the ability to present evidence, there is no case to be presented!
Discovery depositions are an important part of your personal injury case and must be taken seriously. At Taradji Law Offices we are here to answer our clients questions regarding the discovery process including the personal injury deposition.