Personal injury attorneys build their cases by gathering evidence during the discovery phase of a lawsuit. A key part of the process involves taking depositions — sworn testimony given by the plaintiff, the defendant, and any other witnesses. Depositions are a chance for each person to share details about what happened from their own perspective, under oath.
When one of our clients is deposed, the defense attorney will ask them questions about the accident and their resulting injuries. Similarly, our lawyers question defendants when it’s their turn to be deposed. All of this testimony is entered into evidence and will be used to scrutinize witness credibility and help determine important facts about the accident. If you have filed a personal injury claim, it’s crucial that your lawyers properly prepare you for your deposition.
In This Article:
- Why Is Deposition Testimony So Important in Injury Cases?
- How Our Attorneys Prepare Clients to Be Deposed in Injury Cases
Why Is Deposition Testimony So Important in Injury Cases?
Depositions are crucial evidence that can have a huge impact on the outcome of a personal injury case.
Depositions Establish Critical Facts
In order to successfully resolve a personal injury lawsuit, we must prove that the defendant is liable, or at fault. We also make claims for damages, or the financial compensation owed to our client as a result of the accident.
- Exposing Liability: Deposition testimony from the plaintiff, the defendant, witnesses, and hired experts can help prove who was at fault for the accident. Sometimes, the person being deposed doesn’t have that information, but they can point us in the right direction so we can request additional depositions or records.
- Proving Damages: Our client addresses questions about damages stemming from the accident, including economic expenses (such as hospital bills), lost wages (if they temporarily or permanently lost their ability to work), medical treatment, and any pain and suffering they may have endured. Their deposition provides more details from their perspective on the claims we’re making for financial compensation.
Depositions Can Be Admissible Evidence
Most personal injury cases are settled before they ever reach trial. This means that depositions will most likely be the only sworn testimony in the case.
While other types of evidence may be deemed inadmissible, prior sworn testimony can sometimes be used as admissible evidence. Anything said during a deposition goes on the record and can shape the trajectory of the case moving forward. Other evidence will then be compared and contrasted with these statements to determine the facts about the accident.
In one case handled by Partners Daniel O’Toole and Fred Aranki, a young girl sadly suffered serious injuries when she was hit by a tractor trailer while walking to school. Before the depositions took place, we demanded an inspection of the truck. The inspection revealed that one of the mirrors that should have shown the blind spot in the front of the truck was facing the wrong way. If it had been positioned correctly, the truck driver may have been able to see the girl and avoid the accident.
The inspection alone wasn’t enough evidence to prove negligence, since we weren’t certain if the mirror had been moved after the accident. When we deposed the truck driver, Aranki showed him a photo of the incorrectly positioned mirror and asked if it looked that way when the accident occurred. The driver confirmed that it did.
Getting this evidence on the record was crucial for resolving the case, which settled for $7,000,000.
Getting Admissions and Confirming Evidence
Depositions present an opportunity to strategically question witnesses and confirm that the evidence we’ve built our case on is accurate. Sometimes, witnesses who testify for the defense can bolster our case without even realizing it.
In one case we handled, our client painfully injured her spine and right shoulder after a head-on collision with an MTA bus. She was driving straight and the bus, which was coming from the opposite direction, crossed directly into her path while attempting to make a left turn.
Our client had the right of way and stated she didn’t have any opportunity to avoid hitting the bus in her lane, but the bus driver claimed that she was speeding. There was no video footage, so it was critical to gather other types of evidence in order to prove negligence.
We knew that the MTA typically sends a supervisor out to an accident scene to make a report, which we were able to demand. Within the report, we found a diagram sketched by the supervisor that showed the positions of the vehicles. Along with the bus driver’s testimony about how far away the car was when he turned, that diagram gave us enough information to calculate speed, and ultimately supported our client’s statements that she was unable to avoid hitting the bus.
With this in mind, we wanted to make the case even stronger by securing testimony from the MTA supervisor. Associate Kristian Krober deposed him, and he confirmed that the diagram he drew was a fair and accurate depiction of the accident. Although the supervisor likely didn’t realize it at the time, his testimony helped us prove the MTA’s liability. The case settled for $3,250,000.
Making a Positive Impression
The deposition of our client is usually the first time the defense attorney actually meets and speaks with them face-to-face. The defense attorney will assess not only what our client shares, but their overall demeanor. It’s important to remember that sometimes what someone says is not as important as how they say it.
After the deposition, the defense attorney writes a letter to the defendant’s insurance company sharing their impression of the plaintiff. If the attorney found our client to be a credible witness who would make a good impression on a jury, the insurance company may be more open to resolving the case with a fair settlement offer.
One of our clients who was a particularly strong witness was a construction worker who suffered multiple fractured bones, ribs, and a collapsed lung from an accident. He was generally stoic, but broke down crying when he saw a photo of the construction site where the accident occurred because of the difficult memories it evoked. The defense attorney kindly suggested a short break and told us afterwards that she could see his pain was genuine. The case settled for $6,500,000.
How Our Attorneys Prepare Clients to Be Deposed in Injury Cases
It’s normal to be nervous before a deposition, but we find that arming our clients with as much information as possible so that they know what to expect helps to dispel nerves and ensure that it goes smoothly.
General Expectations
Personal injury attorneys review the following aspects of a deposition beforehand with their clients.
- Location: Most depositions are held remotely through videoconferencing. We typically arrange for clients to testify from our Manhattan office. The professional environment makes a good impression on the defense and clients often feel more comfortable when we’re close by.
- Who will be there: The defendant is allowed to be present during our client’s deposition, but that’s rarely done. The other participants in the teleconference are usually one or more defense attorneys, a court reporter, and an interpreter if necessary.
- Length: Depositions can be tedious and take anywhere from an hour to an entire day. Clients should be well-rested and prepared for a long day.
- What to wear: Plaintiffs should wear something comfortable, but presentable.
- Atmosphere: People sometimes expect defense attorneys to be contentious, but that’s unlikely. The defense usually asks questions in a professional manner.
Testifying
Most importantly, we prepare our clients for testifying under oath at the deposition.
- Format: Clients often assume they will be able to tell their whole story from start to finish in an unbroken narrative. In reality, they will be asked questions one at a time by the defense attorney. We practice the question-answer format with our clients so they can get accustomed to it before the deposition.
- What will be asked: After considering the unique circumstances of each case, our experienced attorneys will tell clients what questions we anticipate coming up and even in what order we think they most likely will be asked.
- Being accurate: You should never guess or assume the answer to a question you’re not sure about. Doing so could damage your credibility or even cause you to be impeached by your own testimony if the case goes to trial. If you don’t know something or don’t remember, it’s perfectly acceptable to say so.
Our experienced attorneys pursue justice for victims of car accidents, workplace injuries, construction accidents, premises liability, and more personal injury matters. If you’ve been in an accident and want to learn more about taking legal action, contact Block O’Toole & Murphy today for a free legal consultation. We serve the states of New York and New Jersey.