If you've been injured in a motorcycle accident, you would do well to consider filing suit against the at-fault driver. After all, the accident has likely left you without a ride, too injured to work and dealing with the physical and emotional after-effects of the wreck. When you file suit, it puts in motion a series of events that could lead eventually to an offer to settle or a day in court. Surprisingly, some of the most important parts of a personal injury case happens before you ever set foot in a courtroom. One of these events is the deposition, so read on to learn all about it.
Why Have a Deposition?
The U.S. prides itself on ensuring fair trials by evening the playing field for both sides. This means, in this instance, the discovery process. Discovery takes place after the suit has been filed, but before the trial begins. While you may not be interested in the details surrounding this legal procedure, your attention could perk up once you understand how important one part of the discovery process could be to your chances of settling out of court. Among other things, discovery involves a sharing of information between both sides by use of questionnaires (called interrogatories) and a deposition.
What Happens During a Deposition?
You might consider this series of meetings to be a mini-trial, with all pertinent parties being questioned under oath, just like in a court of law. Anything anyone says during questioning at a deposition is recorded and can be used during the actual trial to follow. Don't worry, your attorney will prepare you for being questioned by the other side, as well as by your own attorney.
How Does a Deposition Benefit My Case?
Not only will a deposition allow you to "practice" giving testimony prior to your day in court, but it could end up allowing you to settle your case outside of court. The other side is present during all deposition testimony and will observe and evaluate the merits of your case. For example, you may have reliable eye-witness accounts of the accident, proof of traffic citations on the other party, video of the accident and more. Anything learned during the deposition and the discovery process can be used to persuade the other side to offer you a settlement, rather than take the time and money to fight the case in court.
For more information, contact a firm such as Snyder & Wenner, P.C.