News & Insights
A Look at the Deposition Process in Personal Injury Cases
If a personal injury lawyer in Annapolis files a case for you, a deposition is likely to be one of the first parts of the process. During a deposition, you will answer questions about your case under oath to help the opposing side gather information about the case. As part of the deposition, your lawyer will also ask questions of the person you are suing. The process is designed to help both sides get the information they need to proceed with a court case or begin to discuss settlement agreements. Your attorney will work closely with you to prepare you for the deposition. Here is a look at what you can expect.
Subpoena
Although depositions are extremely common, most people are reluctant to take part in one unless compelled to do so. Your attorney may issue a subpoena to require the person you are suing to appear to be deposed, and the opposing counsel may do the same. Both sides may also issue subpoenas to anyone who has information about the case, but neither side can so without the other side present. If you are subpoenaed, your lawyer may try to fight or modify it.
Preparation
Before a deposition, your attorney will prepare you extensively for the process. During a deposition, lawyers ask open-ended questions in hopes of getting people to inadvertently reveal facts about the case that they can use to help their clients. Your personal injury lawyer will help you practice giving short, precise answers to avoid opening any doors that could damage your case.
Questioning
In most cases, depositions take place at a law firm with a court reporter and the lawyers for both sides present. Much like a trial, you are sworn in and will be questioned by attorneys from both sides. Although it is possible for lawyers to object to questions, because there is no judge, the objection is merely noted and the deposition is allowed to continue. The questioning may be short and simple, or it can be lengthy and stressful. Following your lawyer’s advice during your deposition testimony will help you get through the process as easily as possible.?