Discovery is a major part of a personal injury lawsuit. During this phase, each party can request information and documentation from the other party. The information and documents are used to gather evidence to prove their allegations. Depositions are an important discovery tool for gaining valuable information about various aspects of a personal injury claim.
What Is a Deposition in a Personal Injury Case?
A deposition is testimony given under oath outside a court hearing or trial. The court reporter places the witness under oath and records every word spoken during the deposition; their transcript can be used in a trial.
For example, a deposition could be used to impeach a witness’s testimony in court. Impeaching a witness can call into question the witness’s credibility. Nevada Rules of Evidence allows a party to introduce the official transcript from a deposition into evidence if a witness changes their testimony when they testify in court.
Who Is Deposed During a Personal Injury Case in Nevada?
An attorney may take the deposition of one or more individuals during a personal injury case. Examples of people who may be deposed include, but are not limited to:
- The plaintiff in a personal injury lawsuit (i.e., the injured party)
- A defendant in a personal injury lawsuit (i.e., the party who is accused of being responsible for the plaintiff’s injuries and damages)
- Expert witnesses, including medical specialists, accident reconstructionists, financial professionals, engineers, trucking professionals, etc.
- Family members and other people who may have information about the allegations
- Eyewitnesses
A subpoena is issued compelling the party to appear and provide testimony at a deposition. If a person refuses to comply with the subpoena, they could be ordered to appear before a judge and charged with contempt of court.
Why Do Attorneys Use Depositions in Personal Injury Cases?
Personal injury lawyers schedule depositions for many reasons, including:
- Depositions assist attorneys as they prepare their case for trial.
- Depositions reveal information that an attorney might not have known and can now investigate.
- Depositions preserve someone’s testimony so they can be impeached if they change their testimony.
- The court may allow testimony from a deposition for a witness who dies before the trial.
- Attorneys can see how well someone performs as a witness.
The attorney who scheduled the deposition asks questions first. Lawyers can ask a broader range of questions because the testimony is not in court, so the same rules of evidence do not apply. The opposing party’s attorney may also ask questions, but they are not required to do so.
Tips for Preparing for a Deposition in a Personal Injury Case
Some people may feel nervous about giving a deposition. If so, they have the right to consult with an attorney about their rights and obligations during a deposition.
Things to remember about giving testimony at a deposition include:
- Review your testimony before the deposition.
- Be honest, clear, and accurate with all responses.
- Only answer the question that is given to you.
- If you do not understand the question, state that you need clarification.
- Verbally respond to all questions; do not shake or nod your head or use hand gestures for answers.
- Remain calm during the deposition.
- If a question refers to evidence or documents, ask the attorney to see the item before answering.
You have the right to take breaks during a deposition. Do not hesitate to ask for a break if you need to use the restroom or need something to drink.
What Types of Questions Do Attorneys Ask Injured Parties During a Deposition?
The attorneys for the parties typically depose the other parties to learn what the parties will testify to in court. Examples of questions a defense attorney may ask you during a deposition include:
- How did the accident happen?
- What types of injuries did you sustain because of the accident?
- How have your injuries impacted your daily life?
- What are your job responsibilities?
- How does your injury keep you from performing your job duties?
- What was your quality of life before the accident?
- What medical treatments did you receive for your injuries?
- Did you follow your doctor’s treatment plan? If not, why?
- Do you have any pre-existing conditions?
- Have you ever been involved in an accident before this accident?
- How many lawsuits or personal injury claims have you filed during your lifetime?
- Personal questions about your life, family, work, education, skills, etc.
- What types of economic and non-economic damages have you incurred?
- Have you provided statements or testimony about the accident or other matters related to the accident?
Your attorney cannot answer questions for you or tell you how to respond. However, your personal injury lawyer will assist you in preparing for the deposition so you are confident and calm when you appear.
If you need help preparing for a deposition in your personal injury claim, contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today at (702) 222-9999.
