An important part of most personal injury cases is depositions. Having your deposition taken is called being deposed.
Plaintiffs, defendants, and other witnesses may be deposed.
What happens after deposition in a Greenville personal injury case?
Bobby Jones Law explains.
What Is a Deposition and What Role Does It Play in a Personal Injury Case?
A deposition is the process of questioning a witness under oath as part of a court case.
Depositions happen before trial. They are not the trial. To a person being deposed, the process may feel like taking the stand.
What’s the purpose of a deposition?
There are two primary purposes of a deposition in a personal injury case.
First, the deposition puts the witness’s testimony on record and locks in their story. This can help the parties negotiate a personal injury settlement after deposition.
Second, a deposition can yield new evidence or direct a party to investigate further. The deposition can be a key part of building a personal injury case.
A deposition DOES:
The deposition creates an official record. When a witness writes out a statement, it’s not under oath.
If a witness cannot attend trial because of age, illness, death, or failure to serve a subpoena, the court may allow the deposition record instead. Since personal injury cases can take months, if not years, this can help preserve your case.
A deposition DOES NOT:
In Greenville personal injury cases, depositions do not take place in court. There is no judge present at the deposition. If there are issues and disagreements, the parties can raise them with the court later.
What Happens Immediately After Your Deposition Is Completed in SC?
After your deposition in SC, the court reporter prepares a transcript of the testimony. In addition, either party may move the court regarding the deposition. Common court motions include a motion to compel answers, a motion for a protective order, or a motion for summary judgment.
Do personal injury cases settle after deposition?
A personal injury case may settle at any time. When the evidence is clear and when the issues don’t depend on witness testimony, a case may settle without depositions.
However, personal injury cases commonly settle after deposition. That’s because the parties use the evidence gathered in the deposition. Deposition testimony can provide a clearer picture of the case’s value and help make settlement negotiations more productive.
Can New Evidence Be Introduced After a Deposition in a SC Personal Injury Case?
Yes. New evidence can be introduced after a deposition in a SC personal injury case. In fact, a deposition can lead the parties to discover new evidence.
The purpose of discovery, including depositions, is to facilitate the open exchange of information. Using discovery, each party has a fair chance to build their case. The evidence is known to both parties, which helps facilitate a settlement.
What Is the Discovery Phase and What Comes After It in a Greenville Personal Injury Case?
Depositions are part of the discovery phase of a personal injury case. The discovery phase is when the parties build their respective cases during the formal court process.
Either party can informally investigate a case, even if no legal claim has been filed. But an active court case means formal discovery with the court’s backing. Since it’s through the court, the other side and non-parties must comply.
Discovery may include:
- Depositions
- Admissions
- Interrogatories
- Subpoenas
- Inspections
- Examinations
- Production of records
There are court rules for how discovery works. The court issues a timeline for discovery. Discovery typically takes six to 12 months, depending on the complexity of the case.
Will Your Case Settle After a Deposition in South Carolina?
Most cases do, but it isn’t automatic. Depositions are part of preparing a South Carolina personal injury claim. Your case should include a thorough investigation of the facts and issues.
The information learned in the deposition may lead you in new directions in the case. There may be important things to follow up on.
Usually, the parties conduct discovery before mediation. Mediation is often when settlement discussions get serious. Settlement negotiations can happen outside of mediation, but mediation is often the next step after discovery.
How Does Deposition Testimony Affect Personal Injury Settlement Negotiations in Greenville?
With depositions complete, the parties can evaluate the value of the case. A strong deposition can help your case, while appearing dishonest can hurt your case.
You can have representation from an experienced Greenville personal injury attorney for your deposition and for your entire personal injury claim.
Why Having a Skilled Greenville Personal Injury Attorney Before Your Deposition Matters
There are critical ways that an attorney helps you with a deposition. Because no judge is present, there is no one to rule on objections. Having your attorney there is key to preserving your rights.
Standard objections at your deposition
Some deposition questions may be objectionable. That means there’s something wrong with the question or the way that their attorney is asking it. A question might be leading, for example.
When there’s a valid objection to a question, you must state it immediately at the deposition. If you don’t make a timely objection, you may lose your right to object. Then, the other side can use your answer against you, even if it’s unfair.
If your attorney objects, you usually must still answer poorly worded questions. But your attorney can raise the issue with the court afterward because they made the objection at the deposition.
Privilege
The other side may ask you something that’s covered by attorney-client privilege or spousal privilege. These are questions you do not have to answer.
You need your attorney at your deposition to make an immediate objection to these questions. If necessary, they can seek a court order to protect your rights.
Preparation
Your attorney helps you prepare for a deposition. They explain how to answer questions and when to seek the attorney’s help. You can feel prepared, confident, and ready to give your deposition.
Contact Us
Bobby Jones Law handles personal injury claims, including depositions. We can begin representing you at any stage in the case. Call or message us now.
