Were you hurt in an accident in Phoenix or elsewhere in Arizona? You have the right to take action to seek compensation for the full extent of your damages, including medical bills, lost wages, and pain and suffering. Of course, getting access to a full settlement is not always easy. Defendants and insurance companies can be aggressive.
You may need to file a lawsuit to get compensation. A deposition is a key part of the discovery process in a personal injury lawsuit. Preparation matters: What you say can directly impact the outcome of your case. Here, our Phoenix personal injury attorney provides a guide for what to expect during a deposition in Arizona.
What is a Deposition?
The Legal Information Institute defines a deposition as “a witness’s sworn out-of-court testimony . It is used to gather information as part of the discovery process.” In other words, it is an interview conducted under oath during the pre-trial part of a personal injury case. What is the purpose of deposition? It allows attorneys from both sides to question the parties involved. As the victim, you may be asked to sit for a deposition. At the same time, your lawyer may depose other parties as well. For example, if you are hurt in a truck accident in Phoenix, your lawyer may request a deposition of the truck driver (and others). To be clear, depositions are formal. A court reporter records the entire session, and the testimony can later be used as evidence in court or to challenge credibility. While it does not take place in a courtroom, everything said during a deposition carries the same legal weight as if it were said before a judge.
Note: Depositions are not scheduled for every personal injury case. If you are hurt in an accident, it is possible that your claim could be settled without the defendant/insurance company seeking a deposition. Injured victims are more likely to be deposed after serious accidents and/or if there is a dispute over liability or another key issue in the case.
An Overview of What You Can Expect from a Personal Injury Deposition in Arizona
Are you preparing for a deposition in your personal injury case? It is normal to feel stressed out, confused, and overwhelmed. Here is the good news: By knowing what to expect from the deposition process, you can rest assured knowing that you will be in the best possible position to protect your rights and your interests. Here are some key things that you can expect from a personal injury deposition in Arizona:
- You Will Be Questioned Under Oath: First and foremost, it is important to remember that a deposition is a formal proceeding. You will be sworn in. Everything you say will be recorded and can be used later in court. It is essential to answer truthfully and carefully.
- Your Attorney Will Prepare You in Advance: Before the deposition, your Phoenix personal injury lawyer will meet with you to review your case and go over the types of questions you are likely to face. They will coach you on how to give clear, honest answers without volunteering unnecessary information.
- The Defense Attorney Will Lead Most of the Questions: To be clear, it is not your attorney who does the questioning of you during a deposition. Instead, the lawyer for the other side (usually representing the insurance company) will ask you about the accident, your injuries, your medical treatment, and how the incident has affected your life.
- The Setting is More Casual Than a Courtroom, but it is Still Serious: Depositions typically take place in a law office or conference room. They are not taken to court, and they are not taken before a judge. Still, although the atmosphere is less informal, you should treat it with the same seriousness as courtroom testimony. Your answers are under oath.
Tips for Preparing for a Personal Injury Deposition
Tip #1: Carefully Review the Facts
You should go over the details of your accident, injuries, and treatment history carefully before your deposition. During deposition, you will want to be able to explain how the injury happened, what symptoms you experienced, and what medical care you have received.
Tip #2: Practice Giving Clear, Honest, Non-Speculative Answers
During the deposition, always answer questions truthfully and directly. The best approach is to keep your answers concise: Do not offer extra information beyond what is asked. If you do not understand a question, you should ask for clarification.
Tip #3: Be Ready to Rely on Your Lawyer
You are not alone during your deposition when represented by a personal injury attorney. You should always be ready to rely on your Phoenix personal injury lawyer during the deposition. Your attorney can clarify any issues that you do not understand and object to unfair questions.
How Our Phoenix Personal Injury Attorney Can Help
A serious accident can change your entire life. It is imperative that you are able to hold the defendant(s) and their insurance company accountable, so that you can get access to the full and fair financial compensation that you need to pay your bills and support your family. At The Law Office of Paul J. Dombeck, PLLC, we fight aggressively for justice. Our team can help you with all aspects of the claims process, including a deposition if one is necessary. Contact us now for a free, no-obligation, and completely confidential consultation with a top Phoenix personal injury lawyer.
Contact Our Phoenix Personal Injury Lawyer Today
At The Law Office of Paul J. Dombeck, PLLC, our Phoenix personal injury attorney is standing by, ready to protect your rights and help you fight for the absolute maximum financial compensation. If you have any questions about depositions and personal injury cases, we are here to help. Contact us right away for a free, no-obligation case review. With an office in Phoenix, we represent injured victims throughout all of Maricopa County.
