Victims in personal injury cases have the burden of proving the legal elements required to create liability. Many personal injury claims are settled through negotiations with the at-fault parties and insurance companies, even after a lawsuit is filed. Filing a personal injury lawsuit gives attorneys valuable discovery tools to collect evidence, including depositions.
What Is a Deposition?
The discovery phase of a personal injury lawsuit allows the parties to obtain evidence from each other and third parties. Depositions are discovery tools that allow the parties to obtain testimony without having a court hearing. The testimony at a deposition is given under oath, meaning the person being deposed swears to tell the truth.
Court reporters record depositions and transcribe them word-for-word. The original transcription can be sealed and becomes the official record of the deposition. Sometimes, testimony from a deposition can be used as evidence during a trial.
Generally, subpoenas are issued to the individuals to be deposed. A subpoena is a court order requiring a person to appear for a particular reason. If a person ignores a subpoena, they can be held in contempt of court. A person could object to the deposition, but they must have legal grounds for the court to order that they do not need to appear.
What Parties Are Deposed During a Personal Injury Case in Missouri?
Attorneys decide whom to depose during a personal injury case.
People who may be deposed for a personal injury case include, but are not limited to:
- The injured party (the plaintiff)
- The parties being sued (the defendant)
- Expert witnesses, including accident reconstructionists, medical specialists, financial professionals, etc.
- A party’s employer and/or co-workers
- Friends and family members of the parties
- Eyewitnesses
- A party’s doctors and medical providers
The circumstances of the personal injury case determine who may be deposed. For example, an attorney may depose an engineer if the case involves a building collapse. A lawyer may depose a hospital administrator in a medical malpractice case based on a hospital-acquired infection.
How Can Depositions Be Used in Personal Injury Cases?
Attorneys take depositions for many reasons. For example, they may want to depose someone to preserve their testimony. In some situations, a deposition may be read into evidence during a trial.
Missouri law allows depositions to be read in court when:
- The witness leaves the state or lives out of state
- The witness dies
- The witness cannot appear in court because of sickness, age, or bodily infirmity
- The witness resides in another country
- The witness traveled more than 40 miles from the place of testimony without the participation, consent, or knowledge of the party requiring their testimony
- The witness is a practicing attorney, a judge of a court of record, or a physician engaged in the discharge of their official or professional duties at the time of the trial; or,
- The party requiring the testimony has been unable to compel the witness to attend court with a subpoena after due diligence.
Attorneys may also use depositions to clarify information or determine how a witness performs when answering questions under oath. Depositions can reveal information and evidence previously unknown to the parties. A lawyer may also use the information discovered during a deposition to pursue additional evidence.
How Can I Prepare for a Deposition in My Personal Injury Case?
It is common for people to be nervous when they are subpoenaed to give a deposition.
Here are some tips to help you during a deposition:
- Refresh your memory about the details of your case before the deposition, including reading the accident report, reviewing medical records, reading previous statements you made, etc.
- Do not answer questions you are not asked. If possible, respond to the question with a yes or no answer.
- Be clear, honest, and accurate when answering questions. Lying under oath could result in serious legal consequences.
- If a question refers to a document or evidence, ask to see the item before answering the question.
- Do not answer questions you do not understand. Instead, ask the attorney to explain or rephrase the question.
- Remain calm during your deposition. The opposing attorney may try to cause you to get angry or upset to influence your responses.
- Verbally respond to questions. Do not shake or nod your head. It is also important to say yes or no instead of using more ambiguous words.
You are not given the questions before the deposition, so you cannot rehearse how you will respond to questions. Your attorney cannot tell you how to answer a question. However, your attorney will provide additional suggestions and instructions to help you prepare for a deposition in a personal injury case.
A St. Louis Personal Injury Lawyer Can Help You Prepare For Your Deposition
Depositions are among the most common discovery tools used in personal injury cases. Our attorneys at Roach Law Car Accident Lawyers can help if you have any questions. Contact us today at (636) 519-0085 to get a free case evaluation with an experienced St. Louis personal injury attorney.
