Want A Practice Run At A Personal Injury Trial? Try A Deposition
Posted on: 31 October 2016
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The personal injury process can be a long slog, but there is a legal procedure stuck in the middle of things that can present you with enormous possibilities. After the personal injury suit has been filed comes the "discovery" phase of the process. This important part of the trial process is aimed at allowing both sides (plaintiffs and defendants) an opportunity to share evidence and information about the case. This is part of what makes the trial process in the United States so unique, and it helps put the players on both sides on a more even playing field. To learn more about the discovery process, and in particular about the deposition, read on.
What is so valuable about the deposition?
The benefits of a deposition are two-fold, including the ability for both sides to practice for the trial and the potential for a prize for the plaintiff (you!).
The Practice Run
Depositions are very similar to an actual trial; they are in general less formal, but in no way less important. The main objective for this legal meeting is for each side to interview you, witnesses, and other pertinent parties such as medical responders. This gives you an opportunity to get more at ease with being questioned and allows your personal injury attorney a chance to see how you might do later on the witness stand. For example, if you are nervous or fidgety, your legal team can assist you in being more at ease on the stand. Since depositions are recorded, it presents a visual demonstration of what needs to be worked on before you go to trial.
On the other hand, it also gives your attorney valuable information about what type of defense will be forthcoming in the trial, since most all evidence and witnesses will be apparent at that time. Your attorney also has the opportunity to view the witness testimony for the defense, which helps immensely in trial preparation.
It should be noted that all testimony given in a deposition is recorded, is given under oath and is entirely submissible in a court of law.
What is the prize for taking part in the deposition?
Money. Depending on how your deposition goes, the other side could be compelled to offer you a settlement, either during or after the deposition is complete. Taking a personal injury case to trial is expensive and time-consuming for everyone, so settling out of court is the preferred method for dealing with these types of cases. In fact, the vast majority of personal injury cases are settled out of court. Once the other side gets a good look at what they could be facing in a trial, a settlement offer could be forthcoming.
To learn more about this important event, discuss your case with a personal injury attorney.