What Are Depositions and Why Do They Matter?
You are fighting a personal injury claim and have been asked to provide a deposition. What does this mean? It's a scary word, but it's not really that hard.
What is a Deposition?
A deposition is a sworn statement that you provide outside the courtroom. It's part of the discovery process. Depositions may be oral (and recorded) or written, but are considered hearsay by the court and are only admissible in some circumstances. Instead, they are used to help establish whether there is enough evidence to proceed with the case and to help your lawyer build your case.
In civil court in Tennessee, depositions can be used to:
- Show contradictions. If your deposition says one thing and your testimony in court says another, then this may result in your evidence not being taken. You need to be honest with your deposition and do your best to avoid mistakes.
- Provide testimony from a witness who is unable to make it to court. If you are too sick to attend court, a deposition may be used as your testimony. A deposition taken soon after the incident when your memory is fresh can also be helpful. Finally, in a wrongful death suit, a deposition taken from the deceased before they passed can be used.
Why Do Depositions Matter?
Although depositions aren't typically used in the actual trial, they serve several important purposes:
- Fact finding. Lawyers on both sides can use depositions to gather crucial details.
- Preserving testimony, especially if somebody is critically injured.
- Evaluating credibility. Lawyers often use depositions to assess somebody's clarity and consistency.
- Encouraging settlement. A strong deposition can encourage the other side to settle, avoiding the expense of a trial.
How to Give a Good Deposition
A good deposition can help you win your case or even avoid setting foot in a courtroom. A bad one can embolden the other side to fight. Depositions are also taken under oath. Be honest in your deposition. Review the facts and your medical history before sitting for your deposition and practice with your car accident lawyer, who can go over common questions with you and help you answer clearly and truthfully. Never volunteer information.
If you need a personal injury attorney in east Tennessee, Fox & Farmer can help. Contact us for your free initial consultation to discuss your case.
