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

Why Are Depositions Held in Wrongful Death Lawsuits?

Published on Mar 12, 2021 at 10:39 am in Wrongful Death.

Conference room

Depositions are useful in trials because they are used to gather information about what happened. When you’re filing a wrongful death claim for your loved one who died from someone else’s negligence, it’s important to have a lawyer on your side so that they can guide you through the process and ensure you have the strongest claim possible. Your loved one deserves justice, and an attorney can help you get that.

When you hire a wrongful death lawyer from The Solomon Law Group, they’ll be able to explain every step of the legal process for you, including why a lawyer is requesting a deposition. When you have an experienced attorney on your side, you can have peace of mind that they’re defending your deceased loved one’s rights to the fullest extent.

The Purpose of a Deposition

Both parties use a deposition to gather information before a decision is made about a settlement or if the case will go to trial. The deposition happens before a trial and is when both parties are able to interview witnesses about what they saw. In a personal injury claim, the person who experienced the injuries from the accident would be able to be interviewed in the deposition to give their account of what happened.

In a wrongful death claim, though, the person who experienced the injuries isn’t able to be interviewed. This means that both parties must purely rely on witness testimonies. Both sides can still collect plenty of information to get a firm idea of what happened to cause the accident and subsequent wrongful death of your loved one.

The deposition is part of the discovery portion of the case, which is when both parties gather all relevant information to the claim so they can prove their side of the argument. Your wrongful death attorney will likely request that you bring any documents, medical records, proof, or bills that are relevant to your loved one’s death to prove that the other party was at fault and to help calculate how much you’re owed in damages.

Let’s take a look at some of the reasons that a lawyer would request a deposition in a wrongful death suit.

Reasons for a Deposition

As mentioned above, the main reason that lawyers request a deposition is to gather information about a case so that they can get a firm grasp on what happened. This will also help them build your case and determine how much you’re owed and how much would be fair to settle for out of court. However, there are some other reasons that a lawyer would request a deposition in a wrongful death suit, and they are:

  • Getting the other party to admit they were responsible for what happened to your deceased loved one.
  • Seeing where stories from all parties align, meaning it’s the closest to the truth about what happened.
  • Getting testimony from a witness that wouldn’t be able to go to trial if the case ends up going to court.
  • Determining how credible a witness is based on their deposition.
  • Testing any theories they have about the case and seeing where they align with witness statements.

When your attorney requests a deposition, you should feel confident that you’ll answer honestly and that they’re doing so to get to the truth of the situation. They’re not doing this to intimidate you or cause more hassle for your family—they’re doing it to ensure you get what you deserve out of the case.

Whether they are oral or written depositions, you can trust that your lawyer is using them to build your case and get you justice. They’ll also help prepare you to answer the questions and discuss what might be asked of you. They won’t coach your answers, but they’ll make sure you feel comfortable before being deposed.

The Solomon Law Group Will Make Sure You’re Prepared

You deserve legal help who knows how to fight for you. At The Solomon Law Group, we understand how difficult it can be to deal with the wrongful passing of your loved one. They deserve justice for what they suffered through and their untimely death. That’s why our experienced wrongful death lawyer is here to help you hold the party responsible for their death accountable for their actions.

We’ll calculate what you’re owed and determine who was at fault so that you can have peace of mind knowing that your case is as strong as possible. Reach out to our office today so we can get started on your claim right away.

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.