The Role of Depositions in Personal Injury Cases

Should your personal injury claim go to court, be prepared for the process of discovery. During discovery, attorneys for both sides gather as much information as they can to build their cases and discredit the other side’s case. There are a number of tools used in discovery, one of which is the deposition. During depositions, a witness or party to the claim is questioned under oath. The questioning is either transcribed by a court reporter or recorded.

Learn more about how depositions can be used in your personal injury case, and when you’re ready to start your claim, contact Caroselli, Beachler & Coleman at 866-565-4949.

Gather Information

A big part of depositions is simply getting as much information as possible. Every solid case is built on facts, and depositions allow you to dig for information from many different sources. Your attorney will carefully craft their questions to gain insight into the case, the person’s interpretation of what happened, and liability.

As your attorney gets more and more information from witnesses and involved parties, they will start to lay the groundwork for their case. This is one reason it’s important to have as many eyewitnesses as possible. When there are multiple people confirming the same facts under oath, it is much easier to use those facts in your case.

Your attorney may also use the information gained from depositions to figure out the weaknesses in their case. For example, if there are conflicting accounts under oath, any part of the case built on those unconfirmed facts is flimsy at best. A lawyer can then decide to change paths or find ways to strengthen their case.

Get a Read on Credibility

Credibility is a key component of any personal injury claim. Let’s say your attorney builds their case based on testimony provided by two witnesses and a party involved in the accident. The other side questions them in a way that brings glaring issues with credibility to light, effectively decimating your side’s case in one blow. The deposition isn’t just about getting facts—it’s also about figuring out which witnesses can and cannot be trusted.

By the time individuals reach depositions, they will likely have provided several statements on the matter at hand. By asking questions that have already been answered in those statements, your attorney can determine whether or not their answers remain consistent.

If their answers fluctuate or are generally inconsistent, your attorney may opt to avoid using them as a key witness in the case. Your attorney may even ask questions with answers that have been proven via other forms of evidence to determine whether or not to bother with other questions.

This is a very important part of depositions—if your attorney unintentionally uses unreliable witnesses, they could seriously hamper your case.

Gather Evidence

Depositions are an excellent way to gather important evidence. During depositions, witnesses and parties involved in the case may reference conversations, documentation, photographs, or other people involved in the case. These are all jumping-off points that your attorney can use to find new evidence and explore new avenues for your claim.

For example, if someone says during a deposition that they recall seeing a car’s license plate in a picture, your attorney can figure out who has those photos and request access to them.

The evidence provided in depositions—that is, each person’s answers—is incredibly useful in your court case. Remember, depositions are done under oath. If a witness switches their answers when questioned in court, the deposition can be used to figure out what happened and why they changed their point of view. If someone is unable to testify in court for whatever reason, their answers in a deposition may be used to support your case.

While discovery may take a significant amount of time, it’s absolutely essential for the development of your personal injury claim and can truly determine your case’s outcome.

Explore Your Personal Injury Claim Options with Caroselli, Beachler & Coleman

Are you ready to start your personal injury claim and pursue the compensation you’re owed? We’re here to help you through the process. Schedule a free consultation now by calling Caroselli, Beachler & Coleman at 866-565-4949 or messaging us online.