What Do You Say in an Alabama Personal Injury Deposition?

During a personal injury lawsuit, you may sit for a deposition. In a deposition, you must answer questions under oath, including questions about how your accident happened and the physical, emotional, and financial toll of your injuries on your life.

When you work with Gartlan Injury Law after an accident in South Alabama, an experienced personal injury lawyer will prepare you before you sit for a deposition. We cannot tell you what to say. However, we can tell you what questions to expect and provide advice as you practice your answers.

If someone else’s careless or reckless acts injured you or a loved one, you will need skilled legal representation to seek the full compensation you deserve. Contact us today to discuss how personal injury depositions work in Alabama and the details of your case in a free consultation.

What Is a Deposition in Alabama?

What do you say in a personal injury deposition? First, you should know more about the role of a deposition in a personal injury case.

A personal injury deposition is a recording of a witness’s testimony. The parties take depositions outside of court before the court convenes to hear a personal injury lawsuit.

Depositions are part of discovery, which precedes trial. In discovery, each side in a lawsuit can gather evidence from the other side, including testimony from opposing witnesses.

Contrary to what some people think, discovery and depositions can ensure that all parties in a lawsuit have all the evidence and testimony in a case before the trial begins. So, the process should lead to a fair trial of the facts, with no tricks or last-minute surprises.

What Happens at an Alabama Deposition?

In a deposition, you will meet with the opposing attorney and a court reporter who will prepare a word-for-word transcript of the proceedings. In some cases, the parties record the deposition process with video.

The opposing counsel will ask you a series of questions about the facts of the accident that led to your lawsuit. For instance, the insurance company defense attorney may ask about the car accident or slip and fall. The attorney will also ask about the impact of your injuries on your health, ability to work, finances, family, and other aspects of your life.

When you sit for a deposition, an aggressive and experienced Gartlan Injury Law personal injury attorney will accompany you. Your attorney will advise you and protect your rights by objecting to improper questions if needed. Your only job at a deposition will be to provide a truthful answer to any question the parties ask you.

The entire deposition process usually lasts about an hour. However, it may take multiple sessions to complete in a complex case.

What Are Some Examples of Questions I May Be Asked at a Deposition?

To start a deposition, the attorney will likely ask the following standard questions about you and your background:

• What is your name and current address?
• Where did you live before?
• What is your education and professional training?
• What do you do for a living?
• Have you ever been part of a lawsuit or given a deposition before?

These questions help people settle down and get comfortable with the other attorney. The attorney may then ask the following questions about specific facts concerning your case:

The Accident

• Where and when did the accident happen?
• How did the accident happen?
• Who was involved in the accident?
• What were you doing at the time of the accident?
• What were you doing just before the accident?
• What did you do immediately after the accident?

Your Injuries

• How was your health before the accident?
• What specific injuries did you suffer in this accident?
• Have you ever suffered injuries similar to the ones in this accident?
• What body parts suffered injuries?
• Did you seek immediate medical attention after the accident?
• Have you recovered from your injuries?
• What is your prognosis for recovery from your injuries?

Your Medical Care

• What medical treatment have you received for your injuries?
• Have you undergone any surgery?
• Have you undergone physical therapy?
• Have you required psychological counseling due to the accident?
• Do you expect to undergo further treatment?
• Are you currently taking medication for your injuries?

The Accident and Your Daily Life

• How long were you hospitalized after the accident?
• Did you miss work or school because of your injuries, and for how long?
• Do you expect to miss work or school in the future because of your injuries?
• Do you continue to have pain or discomfort from your injuries?
• Can you not perform daily activities such as eating, bathing, dressing, and moving about due to your injuries?
• Have your injuries negatively affected your relationships?
• Have you had to change your lifestyle since the accident?

You should answer each question completely, not just a “yes” or “no.” Do not speculate or guess. If “I don’t know” is correct, say so. If you are unsure about a question or your answer, ask to consult with your attorney. You can also ask for a break if you need one.

When Would I Need to Give A Deposition in an Alabama Personal Injury Lawsuit?

As we pursue a personal injury claim for you, our first objective will be to obtain a proper settlement from the at-fault party’s insurer. We would initially present a “demand” letter to the insurer outlining evidence of their policyholder’s liability and the compensation, or “damages,” necessary to make you financially whole.

Once we present our demands, we can negotiate the settlement of most accident claims. When it becomes clear the insurer does not intend to offer a reasonable settlement or the deadline imposed by Alabama’s two-year statute of limitations draws near, we can file a lawsuit on your behalf. Depending on the case’s complexity, the discovery phase, which includes depositions, may begin a few weeks to a couple of months after the lawsuit is filed.

Settlement negotiations may continue until a judge or jury returns with a verdict. Many insurers take settlement negotiations more seriously after information is revealed in discovery and depositions.

Contact an Experienced Alabama Personal injury Lawyer

At Gartlan Injury Law, we deliver outstanding client service and work hard to earn their trust. We will ensure you are well-prepared and feel as at ease as possible if you need to give a deposition in a personal injury lawsuit. We put our clients first and take pride in the record of results we have obtained for them. Contact us today to learn how we can assist you in your personal injury claim and receive a free consultation.

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