Your St. Augustine motorcycle accident attorney will explain to you that one of the most important parts of your case will involve a deposition. A deposition is a fact finding process that both sides of a lawsuit use to gain knowledge about the event in question. Your attorney will give you information about when you need to appear for a deposition. When you arrive, you will be asked a series of questions that will either be recorded by hand or on tape. In some cases, you may also be videotaped during the questioning process. Before the questioning begins, you will be placed under Oath and must promise to only tell the truth. Your deposition will be a significant part of your case. Your St. Augustine motorcycle accident attorney will use the information gathered during the deposition to either help encourage a settlement or to prepare for trial. Everything that occurs during the deposition, including your attitude and appearance, will have an impact.
Definition of a Deposition
By definition, a deposition is an oral testimony that is given by a witness to an event that is in question. That testimony is then transcribed so that all parties to the proceedings can review the answers to the questions. Attorneys representing both parties will be in attendance of the deposition. Both attorneys will ask questions regarding the event and the outcome of the event. Your St. Augustine motorcycle accident attorney may ask additional questions after the opposing party is finished, that pertain to your injury so that the facts are on the record. All of the answers that are given will be under Oath. The answers will be transcribed and the video tapes will be duplicated so that they deposition can be used as evidence in Court, if necessary. The opposing counsel will look for any type of flaw in the answers to build their case against you. Depositions are a very important part of the case. This should not alarm you. If you go to your deposition prepared, remain calm, and do not panic, everything will go well. In many cases, you may have access to the questions that will be asked prior to going to the actual Deposition. With this in mind, you can prepare for your answers and enter into the room fully confident.
The Purpose of the Deposition
The main purpose of the Deposition is for the opposing party to gather information about the event in question. It is also a way to gain knowledge about any additional witnesses or information that may be necessary to completely investigate the case. How you answer and the way you respond will have a significant impact on the entire Deposition process. In most injury cases, the opposing attorney asks for a Deposition so that they can:
- Gather what facts you know about the lawsuit in general
- Determine if you have any knowledge that is useful to their side of the case
- Make you testify under Oath so that you cannot retract any statement at a later time
- Find ways to discredit your injury claim or your version of what caused the accident
- Get an impression of how you react to questioning, what you look like, and how you would appear if the case went to Court.
Depositions Are Usually Mandatory
If you have been notified that you are required to attend a Deposition, you are required by the Court and the law to attend. Failing to attend a Deposition can cause your case to be closed without notice. In some states, failing to appear for a Deposition is considered Contempt of Court. If there are reasons that you cannot attend the Deposition, such as your injuries will not allow you to leave your home or require special transportation, you will need to notify your attorney immediately. Your attorney will make arrangements with the opposing counsel to have te Deposition conducted in a manner that can accommodate your needs. If you have a medial appointment that day, and it cannot be changed because the next appointment would be too far ahead that your treatments would be impacted, you can speak to your attorney about rescheduling. These are about the only reasons that will be accepted for missing a scheduled Deposition.
Speak to a St. Augustine Motorcycle Accident Attorney Today
If you are a victim of a motorcycle accident, you need to protect your rights and speak to one of the experienced attorneys at Canan Law. Contact Canan Law at 904.824.9402 to schedule a free case evaluation. Canan Law understands that victims of motorcycle accidents are often treated differently than those involved in a passenger vehicle. Somehow, it seems to be the belief that it is the motorcycle drivers fault, regardless of the facts. Canan Law protects the rights of motorcycle drivers and aggressively defends them when they have been injured. If you have been injured, contact a St. Augustine motorcycle accident attorney today.