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Depositions in Biloxi Personal Injury Cases

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If you’ve been injured in a car accident or other incident involving the negligence of another person, there’s a good chance you’ll be required to give a deposition as part of the trial process. A deposition is essentially a question-and-answer proceeding where you meet with the opposing attorney and court reporter, and provide more information of the facts in your case. Your Mississippi personal injury attorney will tell you more about the specific details before you’re deposed, but here are some answers to common questions so you know what to expect.

Why am I being deposed?

As the attorney on the other side of your case is preparing for trial, he or she will want to learn more about the incident and your injuries. This phase of a lawsuit is called “discovery.” Lawyers will exchange documents as part of the discovery process, but a deposition is an in-person interview where you’ll be asked to provide more detail to the opposing counsel. In general, you can expect questions about the events leading up to an accident, and inquiries about your injuries and treatment in the aftermath.

What should I do to prepare for a deposition?

Your personal injury attorney will help you get ready for your deposition and answer any questions about the process. As a practical matter, you can prepare for the proceeding by getting proper rest the night before you’re deposed. You should also dress appropriately, as your appearance impacts your credibility and often times depositions are videotaped.

Note that you should avoid looking into the legal issues involved with your case. The purpose of your deposition is to provide relevant facts, from your recollection of the incident, injuries, and treatment. Your attorney will handle the legal side of case.  Likewise, don’t review documents unless instructed by your attorney. If there are any questions regarding paperwork, such as police reports or medical records, these will be presented to you by opposing counsel.

How does the deposition process work?

The process is initiated by sending you a Summons or other notice to take a deposition, ordering you to appear for a deposition. Typically, the deposition occurs at either your attorneys office or the opposing attorney’s office.   . The proceeding takes place before a certified court reporter, who will swear you in because the deposition answers are provided under oath. The reporter will type up your testimony and capture an audio recording. The opposing attorney will ask questions that you must answer, unless your lawyer instructs you to refuse; however, he or she can only object under limited circumstances during a deposition.  The deposition may also be videotaped but notice of that must be given beforehand.

Consult with a Biloxi Personal Injury Lawyer About Depositions

Like many aspects of a personal injury case, depositions and discovery are complicated matters that require extensive experience and background in Mississippi law. The facts related to the accident and your injuries can make or break your case, so it’s critical to have a knowledgeable attorney representing your interests. If you’ve been injured in any type of accident, please contact the Biloxi, MS Law Offices of Judy Guice. Our lawyers have decades of experience serving the needs of accident victims throughout the greater Gulfport area, and we’re happy to answer your questions or schedule a free initial consultation to discuss the details of your case.

Resource:

msbar.org/media/928317/deposition-guidelines.pdf

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