A deposition is sworn testimony given by a witness or party under oath. It is not a prerequisite in a personal injury lawsuit, but the parties involved have the right to conduct a deposition for the purposes of preparing a case.
If you are the plaintiff and have key information that applies to the case, the defendant’s attorneys may subpoena you for a deposition. The idea may seem overwhelming at first. After all, most people have never given a deposition and don’t know what to expect.
When you work with our Virginia Beach personal injury lawyers, you won’t have to worry. We will help you prepare so that you feel as comfortable as possible going through the process. We are with you every step of the way to help build a strong case and increase your odds of getting the compensation you deserve.
Why Are Depositions Necessary in a Personal Injury Case?
Before the parties go to trial in a personal injury lawsuit, each side will go through what is called the “discovery” process. This is where they thoroughly investigate the case, gather and review all the evidence, and make sure they understand every detail before going to court.
Depositions are part of the discovery process and typically take place in an attorney’s office or conference room—not a courtroom. A court reporter will be present, however, to record everything that is spoken. There may be a videographer present, as well.
Attorneys use depositions to speak to those involved in the case—as well as witnesses and experts—so they know what evidence may be presented, and so they can document the information under oath.
This helps them decide on what trial strategies they may use and prepare their arguments. Sometimes, after completing all depositions and the discovery process as a whole, both sides will decide to negotiate in the hopes of reaching a settlement rather than going to trial. Indeed, depositions can play a large role in settlement considerations.
How Does a Deposition Work?
As the “deponent” or person being deposed, you will be sworn in, which means that you promise to tell the truth. If you make any false statements while under oath, you may suffer civil and criminal penalties.
All parties may attend the deposition, which means we will be right there with you. The deposing attorney or attorneys will ask you questions, which you must answer to the best of your ability.
As your attorneys, we can object to a question that’s irrelevant to the case, but you may still be required to answer it. We will also have the opportunity to cross-examine you to help clarify answers or fill in any holes. We will always be on the lookout for ways to limit any damages the other side may try to create.
How Our Virginia Beach Personal Injury Lawyers Prepare You for a Deposition
Since the deposition process can feel intimidating, our Virginia Beach personal injury attorneys will spend some time helping you to prepare. Together, we will go through the following steps:
- Review the facts of the case: You already know what happened, but reviewing the facts can help keep them fresh in your memory so you’re ready to answer questions.
- Go over the strengths of your case: The defendant’s attorney will probably be looking for weak spots in your case, so we will help you emphasize the strong points. These may include your injuries and the impact they have had on your life, your medical records, and what you remember about what happened that shows negligence on the part of the other parties.
- Review any documents or evidence needed: If the defendant’s attorneys are likely to ask you about certain documents or photographs, we will go over those with you so you have your answers ready.
- Perform mock depositions: This is where we pretend to perform an actual deposition. We may act as the defendant’s attorneys and ask questions they are likely to ask so you will be prepared to answer. Mock depositions can also help you practice staying calm, asking for clarification when needed, and offering truthful answers.
We will also help you understand some general recommendations. It’s always best, for example, to say “I don’t know” if you don’t know or don’t remember and to ask for clarity if you’re unsure of a question. During our mock deposition, we’ll help you learn how to focus on your breathing, stay calm, and speak clearly.
Our goal is to help you feel comfortable and confident about your deposition and to support you through the process.
Contact Our Personal Injury Law Firm Today
The legal team at Shapiro, Washburn & Sharp has extensive experience helping plaintiffs to prepare for depositions. We know we can help you navigate the process successfully, as we did for this client who received a $1 million settlement. Besides Virginia Beach, we also serve the Portsmouth, Hampton, and Norfolk areas.
To schedule a free consultation, contact us. Our offices are in Virginia Beach, as well as in Portsmouth, Norfolk, and Hampton.
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