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What Happens at a Deposition? 

If you’re involved in a personal injury lawsuit, you may be asked to give a deposition, but what exactly does that mean? A deposition is a key part of the legal process, where you’ll be asked questions under oath about the facts of your case. It often takes place outside of the courtroom but plays a crucial role in building both sides’ arguments. Understanding what happens at a deposition can help you feel more prepared and confident. This article will explore what happens at a deposition. 

What Is a Deposition in a Georgia Personal Injury Case?

A deposition is a discovery tool used in personal injury lawsuits. It is sworn testimony offered outside of a court hearing or trial. Georgia law permits parties to take testimony of other parties after a lawsuit is filed. 

Examples of parties that might be deposed in a personal injury lawsuit include:

• The person who filed the lawsuit (i.e., the plaintiff)
• The person who is being sued (i.e., the defendant)
• Expert witnesses, including medical specialists, accident reconstructionists, financial professionals, engineers, etc.
• Family members and friends of the parties
• Witnesses who saw the accident happen
• The plaintiff’s treating physicians
• Police officers and emergency responders at the accident scene

Attorneys use depositions to find out what a party knows about the case and to gather information. The testimony at a deposition can help an attorney establish how an injury or accident occurred. A deposition creates an official record of a person’s testimony that may be used later in court under specific circumstances.

A lawyer may also depose a witness to determine how the person may appear in court when testifying, including their credibility as a witness. They also may use the testimony at a deposition to identify inconsistencies in a witness’s testimony and gauge the strength and weakness of the other party’s case.

What Happens at a Deposition for a Personal Injury Case?

Generally, the attorneys for each party are present at a deposition along with their clients. The person who is testifying is present, as is a court reporter. The court reporter is responsible for placing the witness under oath and transcribing the deposition word-for-word for the official transcript.

A deposition may occur at an attorney’s office or conference room instead of a court. Depositions are often scheduled by using a subpoena. A subpoena is a court order requiring a person to appear and offer testimony. The subpoena is served on the witness, providing them notice of the date, time, and location of the deposition.

Before the deposition begins, the court reporter places the witness under oath. The witness must acknowledge they are under oath and agree to tell the truth. The attorney who scheduled the deposition asks the witness questions related to the case. The other attorney may follow up with some questions.

Because the rules of evidence are more relaxed in a deposition, the attorney can ask questions that would typically not be allowed in court. Attorneys can make limited objections to questions, but generally, the questioning continues.

What Happens After a Deposition in Georgia?

The court reporter transcribes the record and sends copies of the written transcript to the parties. The lawyers review the transcript for inconsistencies or errors. If the attorney believes something is incorrect, they notify the court reporter. The court reporter must review the recordings to determine if they made a mistake.

Once the official transcript is completed, it is sealed in an envelope and forwarded to the attorney who scheduled the deposition. The attorney preserves the transcript in a sealed envelope if it is needed in court.

What Types of Questions Are Asked at Personal Injury Depositions?

The questions you may receive at a deposition depend on your role in the personal injury case. 

If you are the victim, you can expect the opposing attorney to ask you questions related to:

• Your personal injury, including where you live and work, your education, contact information, age, and background
• Your health information, including your medical history, previous accident injuries, and your medical conditions
• A description of the injuries you sustained in the accident, including the types of medical treatment you received, whether you followed your doctor’s medical advice, etc.
• The financial losses you incurred because of the accident, including loss of time from work, paying someone to help with household chores, damage to your vehicle, etc.
• The economic and non-economic damages you claim
• Information about how the accident occurred, including what you were doing earlier in the day and immediately before the accident
• Whether you know of anyone who witnessed the accident or has information about the accident
• The effect of your injuries on your daily life, such as being unable to perform specific tasks, and how the injuries impact your emotional state

Your responses at a deposition could have a significant impact on the outcome of your personal injury case. Therefore, you should take a deposition seriously. Your attorney cannot tell you how to answer questions, but they will give you tips and discuss specific details of your case to prepare you for the deposition.

Tips for Testifying at a Personal Injury Deposition in Georgia

Being subpoenaed to appear for a deposition can be stressful and intimidating, especially if you have never testified under oath. Knowing what to expect can help ease your anxiety. Knowing how to conduct yourself can also help you as you testify.

Things to remember about testifying at a deposition include:

• Arrive promptly for your deposition 
• Remain polite and professional 
• Resist the urge to become upset or frustrated—the attorney may try to elicit an unintended response by frustrating you
• Dress conservatively 
• Respond honestly with factual information—do not guess or estimate unless you are instructed to do so
• Do not answer questions that are not asked 
• Take your time when responding to questions 
• Ask the attorney to clarify or reword a question if you do not understand it
• Do not estimate or guess—if you do not know the answer to a question, state that you do not know
• When a question refers to a document or other evidence, ask to view the document before responding to the question

If you still have questions about a deposition or a personal injury case, consider scheduling a free consultation with an Augusta personal injury lawyer. 

Next Steps After Learning About Depositions

A deposition is a critical step in the personal injury claims process. While it may seem intimidating, being prepared and understanding what to expect can help you feel more confident and in control. If you have questions or concerns about an upcoming deposition, don’t hesitate to speak with an experienced Augusta personal injury attorney who can guide you through the process and protect your rights every step of the way.

Contact an Augusta Personal Injury Lawyer at Nicholson Revell Personal Injury Attorneys Today

For more information, please contact our Augusta personal injury lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.

We proudly serve Augusta, GA, and its surrounding areas:

Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784