Which Party Provides a Deposition in a Personal Injury Case?

When a personal injury claim or lawsuit is filed, one of the steps in the process is for each side to provide a deposition. Depositions are used to gain information from each party and any witnesses involved in the case. All parties must provide depositions as part of discovery if requested, which is when each side gathers evidence for their case. Depositions may also be taken from any potential witnesses who have knowledge related to your accident or injury.

In this blog post, we’ll discuss how depositions work and why they are important during personal injury claims and lawsuits. We’ll explain what happens during depositions and which parties typically give them in personal injury cases. Finally, we’ll discuss how an experienced Indiana accident attorney can help you prepare for your own deposition if necessary.

Call 317-881-2700 to Speak With Licensed Indiana Accident Lawyers, Today.
Call 317-881-2700 to Speak With Licensed Indiana Accident Lawyers, Today.

Who Gets Deposed in a Personal Injury Lawsuit?

If you file a lawsuit, the parties providing a deposition would typically include:

– You (the plaintiff)
– The defendant or at-fault party
– Any witnesses with knowledge related to the accident or injury, including doctors and other expert witnesses.

Do You Need to Swear Under Oath for a Deposition?

Depositions are taken under oath and involve questions from both sides about the case. Depositions can also be used to gather important evidence that would not be available through other means. Depositions provide information to each side of the case, so they can better understand their chances in court and make any necessary adjustments to their legal strategy.

How Do I Prepare for the Deposition Process?

Depositions are an important step in civil claims, but they can be intimidating for many people. It is important to have an experienced personal injury lawyer in Indianapolis on your side who can help you prepare for the deposition and answer any questions that may arise during the process. Your attorney can also provide guidance on which questions to answer and how best to present yourself in a deposition.

Were you recently injured in an accident in Indiana and wish to learn your rights to being compensated? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indianapolis personal injury attorney, today. Whether you’d like to connect with us over the phone, online or in our Indianapolis office, we are here for you. Our services extend all throughout Indiana and beyond state borders; if you were injured while visiting out of state, we can still review your case.

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Information You May Be Required to Give in a Personal Injury Deposition

Personal injury depositions can feel intimidating, to say the least. But with responsible planning, you can face your personal injury deposition with poise and confidence. Always consult with your trusted attorney for deposition advice and guidance. They have the knowledge and resources to ensure you are ready for whatever questions you might be asked.

In fact, continue below to learn some common topics discussed in personal injury depositions to better prepare for the interview process. By knowing what information might be expected of you, you can ease your anxiety and put your best foot forward.

Deposition Accident Lawyer Indianapolis Indiana 317-881-2700
Deposition Accident Lawyer Indianapolis Indiana 317-881-2700

Personal Injury Depositions

Putting in the groundwork for being deposed involves reviewing the common questions asked during a deposition and preparing your answers accordingly. Not only should you practice and review your answers for your personal injury deposition, but you should also review your answers to any accident reports filed, medical bills, recorded statements, interrogatories, adjuster interviews, and any other legal documents or filings you made with the court.

Common Deposition Questions for Accident Cases

There are various topics that might be discussed at a personal injury deposition. Common questions tend to range from general data like background information and contact information to more specific questions, such as one regarding your accident and injuries.

General Background Information

The initial part of a personal injury deposition is used to cover general information from the person being deposed. Such questions will generally involve topics like employment, employment history, place of residence, residence history, marital status, number of dependents, previous legal matters, insurance claim history, criminal history, medical history, health status, and more.

Accident and Injury Information

A personal injury deposition will eventually switch gears and dive into more specific topics of discussion, namely focusing on the accident and injuries. While being deposed, you can expect questions about the details of the accident, including your involvement, the accident site, police reports, car accident reports, mental state, health condition, and so forth. In the case of a motor vehicle accident, they will want to know the condition of your car prior to and following the accident, as well as the conversions you had with the other parties involved at the scene.

You will also face questions regarding your injuries, including the extent of your injuries, your physical limitations as a result of being injured, how your injuries are affecting your daily life, which doctors you’ve seen, how many appointments you’ve had, who referred you to each doctor, the types of treatments you’ve received, the status of your medical bills, and similar questions.

Are you looking for qualified and trustworthy personal injury guidance in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Our seasoned attorneys can meet with you over the phone or computer, or in-person at our Indianapolis law office.

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Deponent Tips for Personal Injury Depositions

As a personal injury victim or survivor, it is likely that you may be subjected to a personal injury deposition, therefore making you a deponent. A personal injury deposition is intended to provide a platform for attorneys to ask questions, seek answers, and document the case.

All parties deposed are done so under oath, which means there can be legal repercussions for deponents who are dishonest during their deposition session. If you have just received a Notice of Deposition, or already aware that you will soon be deposed, it is important to educate yourself on what to expect and how to conduct yourself.

Continue reading to learn what you need to know about preparing for your personal injury deposition, including some important tips that will help you be as successful as possible.

Personal Injury Lawyer Indianapolis IN 317-881-2700
Personal Injury Lawyer Indianapolis IN 317-881-2700

How to Prepare For Your Personal Injury Deposition

The first thing you should do is meet with your attorney a few days prior to your deposition so you can review relevant documents in an attempt to help jog your memory to events that took place usually quite some time ago.

During your personal injury deposition, a court reporter will be recording the entire session. For this reason, it is important to focus closely on what you are going to say, and how you are going to approach every question. Anything you say at your deposition can be used later to challenge any inconsistencies in your testimony at trial.

Whether a plaintiff or defendant, a deponent can expect to be asked some basic questions. Such questions will likely be about their past medical history and personal injuries, their current employment, the specific event that gave rise to the lawsuit, who they’ve talked to about the case so far, there criminal history, their driving record, current physical status, and similar basic data that would be relevant to the case.

You can expect your deposition to take anywhere from 60 to 90 minutes, but in larger cases, it may take longer to reach completion. Arrive sometime before your session so that you may meet with your personal injury lawyer and discuss some important objectives before getting started. Be sure to dress in business casual attire, as if you are interviewing for a job or going to church.

Personal Injury Deposition Advice

As mentioned, it is important to dress accordingly for your personal injury deposition. Choose business casual attire, like something you would wear to a job interview or to your place of worship; and be well groomed.

During your deposition session, it is important that you speak up, speak clearly, and enunciate your words well. Avoid using any slang or shortcut language, and oppositely, avoid using vocabulary that is too sophisticated or confusing. Be confident with your speech.

Just like planning your attire, it is important that you conduct yourself with the highest level of professionalism, as if you are at a job interview. Remember that a deposition is not a casual conversation, it is a question answer format. Keep your answers precise and efficient, and do not volunteer information that is not been asked of you. If the deposing attorney wants to know more on a topic, they will ask follow-up questions.

Although it is important for you to be professional and speak up during your deposition session, it is equally important that you do not rush through it all. Be patient as you wait for the attorney to ask the question entirely, and then take your time thinking about what you want to say before you offer your answers.

During your deposition, you will feel threatened or wrongly accused by the opposing attorney’s questions. No matter how you feel, maintain your composure and be as polite and respectful as possible. Avoid arguing with the attorney or using any sarcasm. This is very important during a personal injury deposition.

You never want to play the guessing game in a personal injury deposition. If you don’t know the answer to something or cannot remember a certain detail, just say I do not recall.  Your attorney does not want you guessing at your deposition because people get things wrong when they are guessing.  As mentioned earlier, anything you say during your recorded session can be used later at your trial to challenge any inconsistencies the opposing attorney may have found.  If the opposing attorney can get you to start guessing at answers to questions in a deposition, there will inevitably be inconsistencies because you are guessing.

Are you looking for personal injury help after being recently injured in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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