SOUTH CAROLINA TRIAL LAWYERS
Protecting the Injured, Serving Our Community.

How Can a Deposition Affect Your Personal Injury Case?

Published on Mar 5, 2021 at 12:02 pm in Personal Injury.

Conference room

After being injured through someone else’s negligence, you might decide to file a claim against the person responsible for your injuries and other damages. If this is your first time filing, you might not understand the legal process involved with a personal injury claim. You deserve to know the process so that you can feel confident in your claim.

An experienced personal injury lawyer from The Solomon Law Group will ensure that you’re guided through every step of your legal claim, and keep you informed about what’s going on. We’ll answer all of your questions and make sure that you feel like you understand every part of the process.

Let’s take a look at one aspect of your claim—the deposition.

What Is a Deposition?

Before court, witnesses will give testimony about what they saw and any other information they have. This is known as a deposition. While this might sound like something that happens in court, it’s not. You’ll go through the deposition whether or not your case ends up going to trial because it is used to get information as part of the discovery process.

In the deposition, a witness and both parties will be present. This means that the witness, or otherwise known as the deponent, will answer questions by both legal parties so that they can get as much relevant information from them as possible. For the most part, these statements are inadmissible in court because they are classified as hearsay, but there are some instances where deposition statements can be brought up in court.

The three exceptions to the rule that allow depositions to be relevant in court are:

  • The deponent admits something against their interest.
  • A witness’s trial testimony contradicts their deposition.
  • A witness cannot attend trial.

While some depositions are conducted in person, there are also written depositions. These are cheaper because they don’t require everyone to take the time to come together in person. Parties submit their written questions to the deponent and they are answered in writing as well. The downside to written depositions is that the parties have trouble asking follow-up questions because they aren’t getting their answers in real-time, which sometimes makes these less useful.

Now that we’ve examined depositions, let’s discuss how they can potentially affect your personal injury claim.

How the Deposition Can Affect Your Claim

Since you are filing your personal injury claim, you will be part of the deposition and will also be interviewed during the discovery process. This means that your answers could have a large effect on your claim. Some of the questions that you might be asked as a deponent are:

  • Personal information, like your address and what you do for work
  • Relevant background information about your life
  • What exactly happened to you, meaning the accident and what led up to the incident
  • The injuries that you suffered as a result of the accident
  • If and when you received medical attention for your injuries
  • How the injury has affected the rest of your life

When you have a personal injury lawyer on your side, they’ll be able to help you prepare for the deposition. Being asked invasive questions that could be used against you can be intimidating, which is why having a lawyer on your side is crucial in a personal injury claim.

You’ll want to answer all of the questions that you’re asked as honestly and objectively as possible. Your attorney will be able to help you prepare to be asked these questions and answer as best as possible. It’s important to keep in mind that a deposition is to ensure that you can tell your side of the story in your case, so don’t be too intimidated by the process.

Being honest will have the best possible outcome for your claim. However, other people’s testimonies in the deposition, or other information gathered could end up contradicting your statements. It’s important to stay steadfast and have an experienced lawyer you trust so that you know your case goes as smoothly as possible and you get the settlement you deserve.

The Solomon Law Group Will Guide You Through Your Claim

When you’ve been injured by someone else’s negligence and want to hold them accountable, you could use the help of a Columbia, SC personal injury lawyer. At The Solomon Law Group, we understand that you’re feeling vulnerable and trying to focus on recovering from your injuries so that you can get back to your everyday life. However, that might not be possible when you have medical bills and missed wages stacking up.

We know you have to support yourself and your family, which is why we’re here to help you. We’ll handle the legal side of things so that you can focus on what really matters. Reach out to our office today so we can get started on your claim as soon as possible.

Free Consultations

877-323-3120

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.