The Deposition Process in a Personal Injury Case

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If a personal injury lawsuit is filed on your behalf, you can expect that at some point during the discovery process, you will have your deposition taken. In California, discovery is the pre-trial phase in a lawsuit where a party can obtain evidence from the opposing party by means of various discovery devices; including depositions. An experienced personal injury lawyer in Los Angeles will walk you through this process.

When is a Deposition Necessary?
After a lawsuit is filed, the parties are allowed to use certain legal procedures to gather information from the other side. The goal is to gain a better understanding of the strengths and the weaknesses of the other side’s case. Part of this discovery process may include a deposition, which can last up to 2 days at 7 hours each day, with certain exceptions. A deposition is the taking of an oral statement of a witness (i.e you, the injured victim) under oath, before trial. It has two purposes: To find out what you know, and to preserve your testimony. It is important that your story of what happened is accurate and does not change from the time you take your deposition to the time of the trial.

At your deposition, you’ll give sworn testimony in front of a court reporter, usually in an attorney’s office. Your personal injury lawyer will be there to support you and object to unfair questions, and the like. You can expect the opposing attorney to ask you questions about your background, your work history, and details about the accident and the injuries you suffered.

 

How is a Deposition Used?
As we stated above, you are under oath during a deposition. In other words, if the other side finds any inconsistencies with your deposition and with what you say at a later trial, this could be detrimental to your case and hinder your chances for full financial recovery.  Further, you could potentially be found guilty of committing perjury, or lying under oath.  It is important to remain calm, cool, and collected during the deposition as the opposing attorney is using it as an opportunity to see how you will handle being called as a witness during trial.

For more information on the discovery process, or to discuss what you can expect during a deposition, contact an experienced personal injury lawyer.

If you or a loved one have been injured in a Los Angeles auto accident, it is important that you retain the best legal representation possible. The aggressive personal injury attorneys at BIKLAW will fight for your legal rights and financial recovery. Contact them today.

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