Depositions in Personal Injury Cases
A personal injury case does not get resolved in a single night. It is an involved process that requires time, effort, and a lot of moving pieces. There is a lot that goes on before you even get close to an actual trial or a settlement.
One of these phases is called the discovery phase, and within that is where depositions occur. The right deposition or depositions can go a long way in making or breaking your personal injury case. Depositions are used to gain information and evidence in regard to your case.
What Is a Deposition?
A deposition is when a person appears at a specific time and place to give sworn testimony about a legal case. There is usually a court reporter present to make a record. Sometimes, it will take a subpoena to compel a person to attend the deposition.
The subpoena must be given to the potential deponent through service of process. It will command the person to appear at the specific place at a specific time to give testimony. The subpoena must follow strict guidelines.
During the deposition, a lawyer will ask the person being deposed questions. Just like in a trial, there is an examination by one lawyer, and then a cross-examination by the other lawyer is allowed. Objections can be made, and they are noted on the record; however, there are no immediate rulings on the objections by a judge since the judge is not present during the deposition. A deposition may be admissible as evidence in court.
Depositions are utilized for a number of different reasons in a personal injury case. They can be used to glean important facts about your case or to gather information on the strengths and weaknesses of the case. Depositions can also be used to see how someone will testify at trial. One last important reason to use a deposition is to determine exactly how and when the injury took place.
Again, the right deposition could make or break your case. Of course, it will take the right attorney to make sure that a deposition in your personal injury case is done right and is to your advantage.
South Plainfield Attorneys Build Strong Cases on Behalf of Personal Injury Clients
If you or a loved one is dealing with a personal injury and is looking to take legal action, it is imperative that you hire the right personal injury attorney. If you are looking for a track record of success and an attorney dedicated to your best interests, then look no further than Lombardi and Lombardi, P.A. We handle all types of personal injury cases, from catastrophic injury and wrongful death to workplace accidents and product liability. We represent clients throughout New Jersey, including South Plainfield, Edison, Brick, Toms River, and Point Pleasant, NJ. We will fight to make sure you are compensated properly for your damages so that you can concentrate on your physical recovery.
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The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.