After the initial discovery process is concluded, an experienced Huntsville Personal Injury Attorney will next begin the deposition process. A deposition is under oath testimony that is recorded for use in a lawsuit or court proceeding. In a typical car accident lawsuit the following depositions are routinely taken: the parties (plaintiff & defendant), witnesses, doctor(s), and expert(s).
The deposition is used like written discovery to uncover the facts surrounding the accident or event and the injuries or damages of the plaintiff. The Alabama injury attorney uses the deposition as a tool to learn what the deponent (person giving the deposition) is going to testify to at trial. Since a deposition is recorded by a court report, the testimony can be used against the deponent at trial if they testify to something different at trial than they did in their deposition.
The typical format for the parties’ deposition is their background, education, work history and the events of the accident. During the course of the plaintiff’s deposition the defense attorney will also want to inquire into the plaintiff’s injuries, medical treatment, medical bills, lost wages, and any physical limitations the plaintiff may have. Depositions are a key tool of the personal injury lawyer in that they allow the attorney to not only learn more facts about the case, they also allow the attorney to “size up” the other party, witness or expert and discover what type of appearance they will make in front of the judge and jury.