Depositions are a critical part of personal injury lawsuits that go to court. If you have been injured in an accident in Texas, it’s important to understand how a deposition may impact the outcome of your case. From the types of questions you may be asked to the key players involved, a personal injury lawyer can help you understand what to expect.
What Is a Deposition?
A deposition is a formal part of the discovery process after filing a lawsuit. During a deposition, lawyers from both sides ask witnesses questions about the case under oath before trial. A court reporter may record and transcribe this testimony, which can be used later in court. Depositions allow the parties involved in personal injury cases to establish facts that may affect the outcome.
How Can a Deposition Affect a Personal Injury Case in Texas?
Depositions can play a significant role in personal injury matters.
They can have a substantial impact on your case and allow each side to:
- Gather evidence: Depositions help parties gather firsthand accounts of your accident, injuries, medical treatment, and other relevant information.
- Assess credibility: Parties use depositions to assess the demeanor and credibility of witnesses who may testify at trial.
- Formulate a strategy: Depositions allow you to obtain information that can shape legal strategies and prove key elements of your case, such as negligence and liability.
- Prepare for trial: Lawyers use depositions to preview the evidence and testimony that may be presented at trial to prepare their arguments.
Our team can evaluate the specifics of your personal injury case and how a deposition may affect the outcome.
Do I Have To Attend a Deposition in Texas?
Texas court rules specify the circumstances under which a person may be deposed. Generally, if you are requested to attend a deposition, you must do so. Failing to participate if you are summoned may result in penalties. It could also hurt your case.
Your personal injury attorney will help you prepare for the deposition process and explain what to expect.
Who Could Be Present at a Deposition?
Other people will likely be present during a deposition. If you are being deposed, it is natural to wonder who may be in the room.
Common people that may be present include:
- You: To provide testimony under oath.
- Your attorney: To provide legal guidance and protect your interests.
- Opposing attorneys: To ask you questions and gather information for their case.
- Court reporters: To record and transcribe your answers.
Your Texas personal injury lawyer can describe what to expect if you are being deposed, including who may be present.
What Types of Questions Will I Have To Answer at a Deposition?
You should expect to answer many questions about your personal injury case at a deposition. It is important to answer truthfully and not speculate. Stick to the facts and only answer what you know.
Questions asked in your deposition may be intended to draw testimony about:
Background Information
You will receive questions about your personal history, employment, and medical background. Medical questions will likely cover your general health, past medical conditions, surgeries, and any treatments you have undergone before and after the incident.
Details of the Accident
Expect to describe how your accident occurred, the conditions or hazards at the scene, and the actions of those involved. This may include questions about your state of mind, actions to avoid the accident, and responses afterward.
Details of the Injury and Treatments
You will need to describe the nature of your injuries, medical treatments received, and ongoing healthcare needs. Questions will cover your initial diagnosis and the severity of your injuries. You may also need to elaborate on the medical attention you received, from emergency care to ongoing physical therapy.
The Existence of Any Pre-Existing Injuries or Conditions
You will likely receive questions regarding any previous injuries or medical conditions that might be relevant to your current claim. If asked, you must disclose any prior injuries, illnesses, or medical treatments. This includes previous accidents, chronic conditions, and past surgeries.
The Impact on Your Daily Life
You should explain how the injury has affected your daily activities, work, and quality of life. You may need to describe any limitations you face in performing household tasks or working independently. If you have missed time from work or cannot work, be sure to talk about it.
The specific questions will vary from deposition to deposition. Your lawyer can help you prepare for a deposition and the questions that may be asked.
Our Dallas Personal Injury Lawyer Can Help You Prepare For Your Deposition
Depositions are a key part of discovery in personal injury litigation. If you may be deposed, understanding the types of questions you will face can help you prepare and calm your nerves.
A lawyer can help protect your rights during the deposition and questioning. If you or a loved one have been injured, speak with our Dallas personal injury attorney about potential compensation.
Contact our lawyers at Jay Murray Car Accident and Truck Accident Lawyers today at (214) 855-1420 to learn more about how a Dallas brain injury lawyer can help you recover concussion compensation.