All About Depositions in a Personal Injury Lawsuit

Depositions are sometimes necessary for a personal injury lawsuit. They can be a part of discovery, the gathering of evidence that occurs between filing the lawsuit and the final trial preparation. A lot of key information is often discovered during depositions. 

Shulman & Hill represents victims of personal injuries in all five boroughs of New York City, New York state, and New Jersey. Call 212.221.1000 to learn more about our services and how we may help you seek compensation based on your injuries. 

What Is a Deposition?

A deposition is an interview with a key player in a personal injury case. The interview often takes place in a law office conference room or similar venue. It is under oath, meaning the witness must swear to tell the truth. 

After the witness takes the oath, the plaintiff’s and defendant’s attorneys can ask questions and obtain answers. A court reporter is present to transcribe the answers.  

When a witness answers written questions under oath, these are interrogatories. Lawyers often use both interrogatories and depositions to gather information from those involved in a personal injury accident.

Will You Have to Give a Deposition?

It depends on the case whether you may need to give a deposition. Victims, defendants, and witnesses all commonly participate in depositions in personal injury cases. If you suffered injuries in a personal injury accident and the case does not settle before the discovery phase, the defendant’s lawyer may demand that you answer questions. 

If your attorney or the defendant’s lawyer wants you to give a deposition, your attorney will discuss this with you. They may provide tips and guidance about preparing and what to expect. This should set you at ease if you are worried about deposition day. 

What Will They Ask During Your Deposition?

Knowing what to expect during a deposition may help you prepare for the meeting. In general, depositions allow attorneys to gather information about what happened, each party’s role, and the damages that occurred. 

The lawyer will likely begin with preliminary questions about whether you understand the oath and the process. This may include asking about any medications you are taking or other obstacles that could alter your ability to answer questions. Next, there are generally identifying questions. They could include information such as your name and birthday. 

Then, it is time to get to the heart of the matter. The attorney will ask you questions about the facts, details, and circumstances of the accident and your injuries, such as:

• What injuries did you suffer?
• Do you have any lasting effects from the accident?
• When did the accident occur?
• What happened before the incident?
• What did you do after the accident?
• What medical treatment did you receive?
• Did your doctor deem you fully recovered?
• Do you have previous injuries that affect your abilities?
• Have you ever filed a lawsuit before?
• What do you do for work? What tasks are required?
• Have you returned to your previous job?

Once the defense attorney asks their questions, your lawyer may have questions for you. They will likely pertain to similar topics. All you have to do is tell the truth. 

The Role of a Personal Injury Lawyer During a Deposition

If you were the victim of a personal injury, your attorney will represent you during the deposition. Both parties’ lawyers will be there and may ask questions during the meeting. Your lawyer will ensure you only answer the questions about the case directly and that the other attorney stays on topic. They should protect your rights throughout this process. 

At Shulman & Hill, our attorneys know how to handle depositions. We participate in them regularly as a part of personal injury lawsuits. This includes interviewing our own clients, the defendant, and others. As New York’s premier personal injury law firm, we have the knowledge and experience necessary to build strong cases and recover compensation for many clients. 

We have more than $250 million won for clients injured by someone else’s carelessness or recklessness. Let us review your case to see how we may be able to help you.

Discuss Your Next Steps With Our Team for Free

Shulman & Hill provides free initial consultations for personal injury victims hurt in New York or New Jersey. We will assess your options with you today at no cost to your family. We file insurance claims and lawsuits for our clients. Call 212.221.1000 to learn more.