Depositions in My Injury Case: Will I Have to Give One?

If you have been injured due to the negligence of another party, your attorney—as well as the defendant’s side–will be gathering all pertinent evidence for the case, to include calling certain individuals for depositions, which serve as evidence in the form of out-of-court testimony. The taking of depositions is a normal part of the discovery process, summoning parties and witnesses in the case by sending out subpoenas to be served upon them.

Depositions may help your case in several ways:

  • They offer helpful information about the other parties and witnesses involved.
  • They usually eliminate surprises in court.
  • They may shed light on the case that motivates the defendant or insurance company to settle.
  • They can be used against testimony offered in court.

If you are being deposed, you will be served a subpoena notifying you of the date, time, and place where your presence will be required. Your injury attorney will be able to prepare you for the deposition, and be present when opposing counsel deposes you. It is important to be well-rested and calm at the time of the deposition, and to answer each question honestly and with as little emotion as possible. Keep in mind that although the defendant’s attorney may ask you questions about the accident and your injuries, they will have already studied detailed reports regarding the scene, as well as your medical records. The defendant’s attorney may also want to review any information about lost wages if you have been unable to work since the accident.

While the process—and some questions—may be trying, the deposition is a time to give direct answers. Be clear when the answer is that you simply do not know or remember. The deposition may be the last step an insurance company is waiting for before they offer a settlement figure. They may first want to hear what details you offer and assess what kind of a witness you will be in court—especially if there is the possibility of a jury trial.

Undoubtedly, you have already been through a lot and are probably still in pain, recuperating, as well as adjusting to any long-term health problems from the accident. While you may feel worried or nervous about the deposition, remember it is a routine part of the process and if you are completely honest—as well as organized about the facts and any data that may be required of you—you will have offered all you can. The deposition could be as short as 15-30 minutes.

If you have been injured due to the negligence of others and are seeking a skilled injury lawyer, contact Heintz & Becker today. We have offices in Bradenton and Sarasota. If you can’t come to us, we will come to you. Call us for a free consultation now at 941-748-2916 or contact us online. We are here to help!

All blogs are written on behalf of Heintz & Becker for informational purposes. These articles should not, however, be considered legal advice, or in any way responsible for creating an attorney/client relationship.