Personal Injury Cases and Depositions: What You Need to Know

Those who are injured in an accident caused by another person's negligence may be able to recover damages through a personal injury lawsuit.

Before a personal injury trial, depositions are often scheduled to gather information from both sides in a case. It's important for victims in personal injury cases to be prepared for the deposition process.

The attorneys of Zucker & Regev, P.C. are experienced in personal injury cases and depositions. Our Brooklyn, NY attorneys can review your personal injury case. 

What Are Depositions and Why Are They Held in Personal Injury Cases?

A deposition occurs after a case is filed but before it goes to trial, during the discovery phase. Depositions are used to gather information and evidence that may be used in a personal injury lawsuit.

During a deposition, statements are made under oath and are sometimes used as sworn testimony during the trial. Statements are typically recorded by a court reporter. The deposed party, or the person testifying, will be asked questions by an attorney.

Depositions are often held in personal injury cases to help gather evidence as well as other important information regarding the injury. During a deposition, it may also be possible to learn more about the strengths and weaknesses of a case and see how someone may testify during the trial.

Who Can Be Deposed in a Personal Injury Case?

Generally, anyone who may have knowledge of the injury, events surrounding the injury, or other facts pertaining to the lawsuit may be deposed, including the injured party, as both sides can choose to hold a deposition.

Other people who may be deposed include witnesses, medical professionals, employers (if an injury happened on the job), or other experts.

What Occurs during a Deposition for a Personal Injury Case?

Regardless of who is being deposed, a deposition in a personal injury case will include an examination by one attorney followed by a cross-examination by the other attorney.

Questions can be wide ranging and broad, including questions about a person's background, and any information that can help support a person's case, whether he or she is the plaintiff or the defendant.

Witnesses, medical professionals, and others with knowledge of the case may be required to attend a deposition. They may be asked to recall details of the event or, in the circumstances of deposing a medical professional, may be asked about the details of an injury.

How Can Depositions Help in a Personal Injury Case?

Depositions often play an important role in helping the plaintiff's attorney in a personal injury case gather information to support his or her case. Through a deposition, it may be possible to determine whether the defendant's negligence led to the plaintiff's injury.

For example, if the plaintiff was injured while at work due to something like a loose handrail on a staircase, the plaintiff's attorney will likely ask questions regarding the maintenance of the handrail, like how often the handrail is inspected and when the handrails were last repaired.

Gathering information about what may have contributed to the accident can help the plaintiff's attorney show that the injury was caused by the employer's negligence.

Schedule a Consultation with the Attorneys of Zucker & Regev, P.C.

If you have been injured in an accident you believe was caused by another party's negligence, you may be entitled to compensation through a personal injury lawsuit. To find out if a personal injury lawsuit is the right course of action for your needs, we welcome you to contact our legal team to schedule your private consultation.