Not many big life events allow you the opportunity to prepare for them by practicing. If you have been injured in a car accident, though, you might have the opportunity to practice for the upcoming trial during the deposition. To learn how this legal event gets you ready for the main trial event, read below.
Part of Discovery
Some, but not all, accident cases go to trial. However, that might be the only way some victims can achieve the financial compensation they deserve. The trial process begins with a court filing and ends with a judgment. In between, the parties participate in the discovery process which allows each side to better prepare their cases for the trial. A deposition is one of several discovery actions and it may be viewed as a practice session for the trial itself. Depositions and trials are very similar but have a few key differences too.
Depositions and Trials: They Can be Alike
Both a trial and deposition are similar in the below ways:
- All parties are under oath to tell the truth when they are questioned during the deposition. That is because everything that is said can be used later during the trial.
- The parties are recorded during the deposition just as they are during a trial session. A court reporter will be present to take down what is said.
- Your lawyer and the lawyers for the other side (the other driver's insurance company lawyers in most cases) are present. You can, just like in a trial, depend on your lawyer to support you during the entire process.
- Parties can be made to appear at a deposition just like they can be compelled to appear in court. Subpoenas can be issued to any party if necessary.
- Just like in court, the lawyers for both sides can raise objections. However, they are simply noted in the record since no judge is at the deposition to rule on them.
- The final way a deposition can resemble a court session is the way it can spur a settlement. As more and more facts about the case become known, the other side is that much more likely to offer you a fair settlement.
Depositions Can Be Different Too
Trials are very formal regimented affairs, but depositions are more casual. You can ask for a break when you need one, for instance, during the deposition. The other major difference is that depositions are private events. Only the specific parties being questioned and their lawyers are present at any time. Finally, depositions can be a lot less intimidating than a trial procedure. They do, however, give you the opportunity to be ready for the trial. To find out more about depositions and your role, speak to your lawyer.
For more information, contact personal injury lawyers near you.