There are a few different stages or elements that you may go through during a personal injury case, and one of these that's very common is a deposition. What exactly happens during a deposition, and just as vitally, what happens after a deposition in a personal injury case?
At the offices of William Rawlings & Associates, we're proud to offer a wide range of personal injury attorney services to clients around Salt Lake City, Draper, Provo and nearby parts of Utah. We cover any kind of personal injury claim you need to make, from dog bite injuries to dental malpractice, child injuries and many others. We regularly walk clients through depositions and all the important steps that follow them, ensuring you know how to proceed at all times. What is a deposition and why is it important, and what is the next step after deposition for your case? Here's a breakdown.
For those who have never been through a legal case before, the term deposition may be unfamiliar. A deposition is essentially an interview or questioning session that takes place outside of court. It's conducted under oath and recorded by a court reporter, but does not involve a judge or jury like a trial would.
The purpose of a deposition is for attorneys to gather information from witnesses or involved parties in the case, which can then be used as evidence during the trial. For instance, if you were injured in a car accident, the opposing attorney may depose you to get your version of events and any details that may help their case.
Depositions are often a key piece of what's known as the "discovery" phase of a personal injury case. This is where each side gathers evidence and information to build their arguments for the trial.
During a deposition, the witness will be asked questions by both their own attorney and the opposing attorney. The questions can vary widely depending on the case and what information is needed. Witnesses are expected to answer honestly and to the best of their ability, as they are under oath.
Depositions can also involve presenting documents or other evidence for review or questioning. This can include medical records, police reports, or any other relevant materials.
What is the next step after deposition? We'll go over this and some other possible directions your case may go in our upcoming sections.
In the majority of cases, what happens after a deposition in a personal injury case is a debriefing with your attorney. This is where you'll go over the deposition and discuss any potential strengths or weaknesses that were revealed.
If you and your attorney believe you performed well in the deposition, the next step may be to prepare for trial. If not, you may work on strategies to strengthen your case or gather additional evidence.
In addition, both sides of the case will receive a copy of the deposition transcript, which is a written record of everything that was said during the deposition. This can be used to review and prepare for trial, or to potentially impeach a witness if their story changes during the trial.
In many personal injury cases, the next step after deposition is not a trial, but mediation. This is where both parties come together with a neutral third party to try and reach a settlement. If this is successful, the case may end here and no trial will be necessary.
If mediation is unsuccessful, then the case will proceed to trial. Your attorney will use all the information gathered during the discovery phase, including the deposition transcripts, to build your case and present it in court.
It's important to note that only a small percentage of personal injury cases actually go to trial - most are settled through mediation or negotiation. However, it's still crucial to be prepared for the possibility of a trial and have a strong legal team on your side.
Depositions are an important step in the discovery phase of a personal injury case. They allow both sides to gather information and evidence that will be used during trial or potential settlement negotiations. After a deposition, your attorney will debrief with you and potentially prepare for trial or mediation depending on how the deposition went. It's important to have an experienced personal injury attorney by your side throughout this process to ensure you receive the best possible outcome for your case.
At William Rawlings & Associates, we have a team of dedicated personal injury attorneys ready to help you with any type of case. Contact us today for a free consultation and let us fight for the compensation you deserve, whether you're in SLC, Draper, Provo or any nearby part of Utah.