There are various aspects to a Georgia personal injury claim, many of which
vary in nature from case to case. According to many past clients of Jones
& Swanson, among the more daunting facets of a claim is the deposition.
Depositions are used in the discovery process in an effort to gather evidence
and information about the case. These discovery methods will happen after
a lawsuit is filed but before a settlement or trial, also known as pre-trial.
Typically, both the defendant (at-fault party) and plaintiff are involved
in separate depositions. Many times subpoenas will be used to request
an involved party’s deposition.
During the defendant’s deposition, plaintiff’s attorneys Andrew
Jones or Chase Swanson will verbally question the at-fault party about
the incident and injuries. In return, plaintiffs are deposed by the defense
attorney about the details of the case. Both deponents will be under oath
while being questioned, which means honestly is an absolute requirement.
Many times, an interrogatory precedes depositions, which is a document
asking a questions about the accident/injuries which must be completed.
This document is typically helpful in preparing for a deposition, as the
topics will be similar.
Where does a deposition occur?
Typically depositions occur in your attorney’s office, so it is not
quite as daunting as appearing in court. Participants present during your
deposition would likely include the plaintiff and defense attorneys, the
defendant, and a court reporter to take detailed notes of what is said
during the deposition. The court reporter will provide a transcript of
the deposition to both parties, which can be used in future proceedings
Preparing for a deposition
It can be very difficult, if not impossible to truly be prepared for a
deposition. Steps can be taken, however, to provide you with the utmost
confidence before being deposed. Your attorney may choose to meet with
you before your deposition to inform you of the types of questions that
you may be facing. They can also inform you of information that is not
required to be provided to the defense attorney if asked.
Ultimately, your worries and fears should be minimal in regards to depositions.
The process itself may seem frightening, but your attorney will be there
through it all. Their job is to make the process as comfortable as possible
for you, which may require their objecting to unpermitted questions and
emotionally supporting you through the process. At Jones & Swanson,
we feel that it is important to fully educate our clients about the various
aspects of a personal injury claim. Being well-informed and prepared is
oftentimes the best way to stay calm during the legal process.