Depositions play a critical role in personal injury lawsuits. They allow all parties to gather witness testimony under oath before trial. If preparing for a deposition in Georgia, you should understand the process and what to expect. What you say under oath can significantly impact your case.
The experienced personal injury attorneys at Bayuk Pratt can help you prepare so you are confident throughout your deposition. We have over 50 years of combined experience and have recovered over $300 million for our clients. If you sustain injuries due to someone else’s negligence or recklessness, contact us today to find out how we can help you prepare for a deposition and fight for the compensation you deserve.
What Is a Deposition?
A deposition is a question-and-answer session under oath. It is common in civil lawsuits and often provides evidence that plays a critical role in legal strategies and settlement negotiations. Instead of appearing in a courtroom with a judge present, these proceedings typically occur in a law office conference room or by video conference, with an electronic recording device or court reporter present. A court reporter prepares a transcript of everything said during the deposition. The deposition transcript becomes part of the case file. The parties can later use the deposition in court. In-person depositions are often video recorded in addition to the transcript.
During a deposition in a personal injury case, the other party’s attorney may confirm background information and ask you certain questions, such as:
- How did the accident happen?
- What is the extent of your injuries?
- What medical treatment have you received?
- How have your injuries affected your work, income, daily activities, and overall quality of life?
- What is your medical history?
- Have you been in prior accidents or have any pre-existing conditions?
Opposing counsel, such as the insurance company defense attorney, typically schedules depositions. As the plaintiff’s attorney, your lawyer will be there through the entire process, even though you will answer the questions.
What Is the Purpose of a Deposition in a Personal Injury Lawsuit?
The civil litigation process includes discovery, where each side exchanges information. The Georgia Civil Practice Act governs how the discovery legal process works. Depositions are part of the discovery process and serve several key purposes, including the following:
- Gathering of facts – Attorneys use depositions to learn more about what happened. They can clarify details that might not be clear from written discovery responses.
- Evaluation of witness credibility – Hearing someone answer questions in person helps lawyers evaluate how a witness might perform at trial. (Making false statements under oath carries serious consequences, including criminal penalties.)
- Preservation of evidence – If witnesses become unavailable, the deposition will help preserve testimony that may play a critical role in the case.
- Preparation for settlement or trial – Deposition testimony can highlight strengths and weaknesses in a case and, in turn, influence negotiations or trial strategy. For example, if the defense witnesses’ testimony is inconsistent, they may decide that a settlement is the best option.
Who Gets Deposed in a Personal Injury Case?
Any party to a lawsuit and certain non-parties can be deposed. These individuals may include:
- Plaintiff and defendant
- Eyewitnesses
- Medical providers or other professionals
- Potential expert witnesses who can testify about accident reconstruction, economic damages, or other technical matters.
In a personal injury case, the plaintiff’s deposition is typically one of the first scheduled depositions.
Can a Deposition Affect the Outcome of Your Personal Injury Claim?
Depositions have a significant impact on your claim. A strong, consistent deposition can strengthen your case and potentially lead to an early settlement. For example, if your testimony aligns with other evidence and presents a compelling picture of your injuries and losses, that will work in your favor. The opposing side may decide that a jury will likely side with you and choose to avoid trial by offering a settlement instead.
On the other hand, inconsistent or inaccurate answers could give the defense a reason to challenge your credibility at trial. Your attorney will help you prepare for the deposition so you can present your side of the story in the best light possible.
How Can Your Attorney Help You Prepare for a Deposition?
An experienced personal injury attorney from Bayuk Pratt can help you prepare for a deposition and protect your rights throughout the deposition process.
- Reviewing the facts of your case – Your attorney will review your accident, injuries, medical records, and other evidence with you. This review can help you accurately recall key details and present consistent testimony.
- Explaining the process and terminology – Your attorney will explain who will be present, how questioning works, and any legal terms you might hear during the deposition.
- Advising you on how to answer questions – It’s essential to answer only the questions the opposing party asks. Your lawyer will help you practice giving clear, truthful answers without speculation. They can also explain how to handle difficult or unexpected questions.
- Protecting your rights during the deposition – If an opposing attorney asks an improper question, or one that goes beyond the scope of discovery or violates Georgia’s rules of evidence, your attorney can object on the record.
Preparing ahead of time lessens the likelihood of surprises. It also makes it easier to focus on telling the truth calmly and straightforwardly, even if you’re nervous or emotional.
How Should You Dress for Your Deposition?
Like any court or professional appearance, your appearance and demeanor influence how others perceive you. Treat your deposition as if you’re going to court or an important job interview. You should wear clean, business-appropriate clothing. Avoid clothing with logos, slogans, or distracting patterns. Keep your accessories simple.
Stay calm, sit straight, listen carefully, and answer politely throughout the proceeding.
Even though the deposition won’t be in a courtroom, everyone present will evaluate your credibility. Professional attire and respectful conduct can make a strong, positive impression, especially when opposing counsel determines how credible you might appear at trial.
Get Help from an Experienced Georgia Personal Injury Lawyer
Preparation will be crucial if a party asks you to participate in a deposition. Working with the right personal injury attorney will be critical as well. Bayuk Pratt is ready to help you.
Our founding partners offer insider knowledge from years as senior partners at two of the world’s largest and most elite defense law firms. We carefully prepare our clients for their depositions. We can protect you from unfair questioning and present your testimony in the most effective way possible.
Read more about our results and testimonials to see how we have helped personal injury clients throughout Georgia, and contact us today for a free consultation about your case.
