What Happens During a Personal Injury Deposition?
A personal injury deposition is part of the discovery process (gathering information stage) before a case proceeds to trial. It consists of out-of-court testimony, in which a deponent has to answer questions under oath. A deposition serves to gather information and assess witness credibility, helping both sides evaluate the strengths and weaknesses of the case. This has a substantial impact on settlement decisions.
Generally, depositions occur only after a lawsuit has been filed. At Raybin & Weissman, our Nashville personal injury attorneys are dedicated to helping you recoup maximum damages following an accident or injury. If you have been harmed due to another’s negligence, do not hesitate to contact our team of legal professionals.
Who is Present at a Deposition?
The following participants are present at a personal injury deposition in Nashville:
- The deponent: This is the person being questioned, often the plaintiff, but can also be the defendant, a lay witness, or an expert witness.
- The deponent’s attorney: If the deponent is the plaintiff or defendant, then their attorney will be present to represent their interests. This will include objecting to certain questions that may be improper or misleading, or to requests for privileged information.
- Opposing counsel: The attorney who requested the deposition will be asking questions.
- A court reporter: The court reporter or stenographer will administer the oath and transcribe everything word-for-word that the lawyers and the deponent are saying.
- A videographer: A videographer will video record the deposition, which may be played back for a judge or jury later on.
TN Code §24-9-136 prohibits the following persons from serving as the officer who administers or takes the deposition:
- A party to the action or an attorney for one of the parties.
- A relative of one of the parties (including a spouse) or a relative of an attorney for one of the parties.
- An employee of one of the parties or an employee of an attorney for one of the parties. An employee is defined as anyone with a contractual relationship to provide reporting or other court services to a party or an interested person.
- Someone who has had a sexual relationship with one of the parties or an attorney for one of the parties within the past two years.
- Someone with a financial interest in the case outcome
A deposition taken by any of these conflicted persons is legally voidable at the election of any party. The election to void the deposition must be made within 30 days of discovering the violation.
The Process
A deposition involves the following stages:
Swearing In
The court reporter will administer the oath to the deponent. In taking the oath, the deponent promises to tell the truth, with lying carrying the same legal consequences as committing perjury in court.
Ground Rules
The questioning attorney will explain the process and ask the deponent to answer each question verbally. Nodding is not permitted because a court reporter cannot record nonverbal gestures in the official transcript. Additionally, the deponent is instructed to wait until the question is completed before answering and to respond “I don’t know” or “I don’t recall” if they are unsure of the answer, rather than guessing.
Questioning
Opposing counsel will ask questions relevant to the personal injury or accident. This can include details of the accident, your injuries and medical treatment, your medical history, and how your injuries have impacted your life. Your attorney is allowed to ask follow-up questions to add clarification. However, these are usually limited since further explanation is made at trial. Although your attorney can object to the form of the question, you must still answer the question. However, the objection is stated on the record.
Breaks
Since depositions vary in length, breaks are typically allowed in more complex cases, provided there are no pending questions.
Practical Tips
Deposition testimony may prove valuable to your case, but you need to stick to certain rules:
- Answer only the question asked (do not volunteer extra information).
- Take your time before answering. Ensuring that your answer is accurate is more important than rushing to respond.
- Relay only the facts you know. Speculating is dangerous, since your testimony will be on the record and can later be used by opposing counsel at trial to threaten your credibility.
Appearing confident at a deposition will help strengthen your credibility. A deponent with a shaky voice or who rambles does not instill confidence. At Raybin & Weissman, our legal team will address your concerns prior to being deposed, helping you appear comfortable during deposition proceedings.
Consult with Our Nashville Personal Injury Attorneys
At Raybin & Weissman, we are dedicated to helping you recover physical, emotional, and financial damages following a personal injury or accident. When someone else’s oversight causes you harm, they should be the one to pay, not you. Understanding your legal rights is essential to maximum recovery. To arrange your free consultation with one of our Nashville personal injury lawyers, contact us online or by calling (615) 256-6666 today.