Will I be Deposed During a Personal Injury Suit?

Charlotte Injury Lawyer Matt Arnold answers the question: “What happens if the at-fault driver doesn’t have insurance?”


Every personal injury case usually follows the same pattern — an injury occurs, a complaint is made, the discovery process happens, settlement negotiations begin, then on to the trial and judgement. Each step of a case involves other steps and procedures that must be done. For example, the discovery process is the time when both sides are building their cases and requesting documents from the other side. Another step that might happen during the discovery process is depositions. Depositions are a situation in which one party’s attorney is permitted to ask another individual questions under oath. The following are the basics of a deposition and what to expect.


deposition-Mecklenburg-Waxhaw-Iredell-Personal-Injury-Car-Accident-Attorney-300x225The Parties


If you are suing someone in a personal injury suit, it is likely that the other party’s attorneys will want to depose you. They will ask you questions about the incident and try to find evidence that supports their case. Similarly, your own attorneys can depose the defendant of the case to ask their own questions. A person being deposed can have a lawyer present.


It is not just parties to a lawsuit who might be deposed. Even if you are not suing someone else, you could still be subpoenaed to a deposition to answer questions under oath. Witnesses to an injury are common examples of others who might be deposed even if they are not a party to the lawsuit.


Before a Deposition

You will receive notice of the deposition that states when and where the deposition will occur. Before the date of the deposition, you should meet with your attorney to find out what types of questions might be asked. Meeting with an attorney can also relieve some of the fear you might be feeling to testify under oath.


During a Deposition


At a deposition, you will be sworn in under oath and required to tell the truth. There will likely be a recorder there who will make a transcript of the questions asked and the answers to those, your attorney is permitted to object to questions asked and that will also be noted in the transcript. You will still likely be instructed to answer the questions objected to. A judge can rule later on whether that question was admissible.


After a Deposition


After the attorney is satisfied and has asked all of his or her questions, the reporter will create the transcript of the deposition. The information contained in the transcript can be read at trial and used as evidence in the personal injury case. In some cases, a deposition might lead to settlement negotiations if both parties feel like that is the best solution. A deposition can be used in the event that testimony at trial is inconsistent with what was stated at a deposition to prove a witness or party is not credible.


The personal injury attorneys at Arnold & Smith, PLLC can help prepare you for a deposition and any other facet of a personal injury case. Giving testimony under oath can be scary, but we are here to make sure it goes smoothly ensure and your rights are protected. Contact us today for a consultation and find out what options are available to you to receive the compensation to which you are entitled. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe, call us at 704-370-2828 or click here for additional resources.







The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.







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