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What is a Deposition? How Does It Affect My Personal Injury Claim?

If you have been hurt because of someone else’s carelessness or negligence, and you’ve filed a lawsuit to recover damages, chances are good your attorney will notify you that you must be deposed, i.e., have your deposition taken. What is the purpose of a deposition and how will it affect your right to recovery?

What is a Deposition?

In the American civil justice system, the stage where parties gather evidence is known as the “discovery” phase of litigation. One of the key components of discovery is the deposition. At a deposition, the person being deposed answers questions, usually from both parties. A court reporter is present and records all questions and answers. The parties may also choose to videotape the deposition.

What is the Purpose of a Deposition?

A person may be deposed for a variety of reasons. Defense attorneys in a personal injury case will often depose the plaintiff to learn as much as they can about the plaintiff’s case. The answers they get may lead them to other key evidence, or may convince them that a settlement is more desirable than a trial. Frequently, attorneys will depose a witness to get statements on the record. If the witness contradicts those statements at trial, counsel can impeach the credibility of the witness by showing the contradictions in testimony.

Another reason a witness may be deposed—the witness may be in poor health or may, for a variety of reasons, be unavailable for trial. The transcript of the deposition can always be introduced as evidence.

Contact Our Office

At the Law Offices of Harold J. Gerr, we have fought for the rights of personal injury victims in central New Jersey for more than four decades. We carefully choose the cases we handle, so that we can provide the highest levels of service and personal attention to each client. We are also happy to take over your case, if your first lawyer does not seem to have your best interests in mind.

OSHA officials had no explanation for why the injuries were never reported.

To set us a free initial consultation, send us an e-mail or call our office at 732-537-8570.

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    732-537-8570 | 732-249-4600

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