Depositions are a major component of many personal injury claims in New York. They involve attorneys asking questions to the parties and other witnesses about the accident and injuries outside of court. If you file a personal injury lawsuit, the opposing counsel may depose you, and our legal team can help you prepare for what is to come.
Depositions consist of questions asked by the opposing counsel to determine what kind of evidence may exist in the case. Depositions are sworn testimony, but they do not happen in court and may not be admissible as evidence, barring special circumstances. You should review the facts of your case thoroughly with our attorney to prepare to answer these questions. Your answers should be honest and accurate, and lying may lead to serious legal trouble. We may also ask the opposing party and witnesses questions in our own deposition.
For a free, private review of your claims, call our NY personal injury attorneys with The Carrion Law Firm at (718) 841-0083.
What Happens During Personal Injury Depositions
Depositions are more than just a series of questions and answers. They are sworn statements, and you must be sworn in before answering anything. If you do not answer questions truthfully, you might face legal penalties.
The goal of a deposition is to gather evidence, and both sides may depose the other and each other’s witnesses. A court reporter should be there to record every single word exchanged. Depending on the situation, a deposition might be completed in one hour or several hours.
When being deposed, you have an opportunity to tell your side of the story. You may provide important facts and details that determine how both sides will approach the case. In some cases, attorneys use depositions to determine if the case should go to trial or if a settlement is a better option.
Although a judge is normally not present for depositions, it is still a very formal process that should be taken seriously. If you are going to be deposed, our NY personal injury attorneys will help you prepare what to say so that your version of events is accurate, succinct, and persuasive.
How to Prepare for a Personal Injury Deposition
You might think you are ready to face a deposition since the questions are all about your accident and injury, which, of course, you know all about. However, depositions can be more difficult to get through than you might realize, and your attorney should help you get ready.
First, you should sit down with your attorney and thoroughly review all the details of your case. This may include rehashing the accident, how you were injured, your costs and damages, and almost everything else about the case. These details should be fresh in your mind when you are deposed.
Second, you should practice answering questions with your lawyer. This can help you prepare for questions that might be difficult or uncomfortable to answer while also staying calm and collected.
You should also figure out what information is unimportant. Your answers should be clear and succinct. While nothing important or relevant should be left out, superfluous information can be excluded. This may also help speed up the deposition process, which is notorious for taking many hours to complete.
Why Depositions Are Important in NY Personal Injury Cases
You might wonder why depositions are important or even necessary since attorneys usually question witnesses in court anyway. Depositions are important because they are part of the discovery process and allow both sides to collect important information to build their cases and develop legal strategies.
Depositions help attorneys determine what kind of information and lines of question are important. Personal injury cases can become very complex, and there might be a vast array of information that is initially deemed relevant. By deposing the parties and other witnesses, an attorney can determine which information is the most helpful and what they should focus on as the case moves forward.
Depositions may also shed light on which side has the stronger case. Perhaps the defendant’s attorneys learn that you and witnesses on your side have very strong testimony in addition to the evidence we plan to present. They might realize that they are likely to lose in court and pursue settlement negotiations rather than a full trial.
How Depositions May Be Used in Personal Injury Cases
Depositions may serve multiple purposes depending on what is needed during the case. Attorneys tend to ask a lot of questions during depositions because they might not know what is important or useful until later.
While depositions are technically sworn testimony, they are admissible as evidence in court only if certain conditions exist.
According to C.V.P. Law § 3117(a)(1), attorneys may use depositions in court if a witness says something on the witness stand that contradicts what they said during a deposition. Since the deposition is a sworn statement made under oath, it may be used to contradict or impeach the witness.
Even if depositions do not come up in the courtroom, they may still be used to develop lines of questioning. Depositions tend to reveal what information is important and what is irrelevant, and attorneys may then tailor their questioning to the important parts.
What Happens After Depositions in NY Personal Injury Cases
After depositions are complete, the parties may review them for any information that might help strengthen their cases.
We may depose the defendant and witnesses to your accident and injuries. We can thoroughly go over these depositions to see if any witnesses made inconsistent statements or admitted facts that can be used to support your claims. We can then zero in on this information as we gather more evidence and develop the case.
We can also assess the overall strength of the other party’s case. The depositions might reveal that they do not have a leg to stand on. Alternatively, we might learn that their case is stronger than we expected, and we can adjust our own legal strategies accordingly.
Call Our NY Personal Injury Attorneys for Support Today
For a free, private review of your claims, call our Brooklyn, NY personal injury attorneys with The Carrion Law Firm at (718) 841-0083.