Will the Opposing Attorney Take My Deposition in a Pennsylvania Personal Injury Case?

Personal Injury Blog

Have you been injured due to another person's reckless, negligent, or careless behavior? Did a distracted driver cause a car crash, a defective product cause serious injury, or a medical provider cause harm instead of helping? When you are injured by another person, Pennsylvania's personal injury laws provide a legal remedy. Personal injury law cannot undo the wrong that has been done; however, it does provide a means for filing a lawsuit to obtain monetary compensation for your damages, injuries, and losses. One concern that many clients have when filing a Pennsylvania personal injury lawsuit is being subpoenaed for a deposition by the opposing party.

What is a Deposition in a Pennsylvania Personal Injury Lawsuit?

When you file a lawsuit, the other party has the right to take out-of-court testimony (i.e. a deposition) of you and any potential witnesses you intend to present during the trial. In most personal injury lawsuits, the attorney for the defendant (the person you are suing) will take the deposition of the plaintiff (that is you). The attorney for the defendant wants to obtain information about what you will testify to when you go to court. In other words, the attorney is attempting to figure out what you see as the circumstances and facts surrounding the incident.

The purpose of the deposition is to have the opportunity to build a case to refute your version of the facts. The attorney can use any inconsistencies between the answers to deposition questions and your testimony at trial to try to convince the jury you are not truthful. However, your attorney has the same right to take the deposition of the defendant and any witnesses or experts the defendant intends to present at trial. Any inconsistencies in the defendant's testimony will be used in the same manner at trial.

The deposition consists of questions that you must answer truthfully. You are placed under oath at the beginning of the deposition by a court reporter who records each question and answer. An official record of the deposition will be delivered to the attorney who requested the deposition and a copy will be presented to the opposing side.

Protect Your Rights Be Speaking With An Attorney

If you are the victim of a personal injury accident, you need an attorney to represent your interests and ensure you rights are not violated during the legal process. Your injury attorney will prepare you for the deposition and (s)he will be with you during the deposition to object to any questions or behavior that is not permitted by law. The important thing to remember is that when you hire an experienced Pennsylvania personal injury attorney at Handler, Henning & Rosenberg LLP, you are receiving competent, sound, legal counsel from the beginning of your case through the deposition and the trial.

Our Attorneys Are By Your Side During Every Step of a Personal Injury Lawsuit

We understand that filing a personal injury lawsuit can be overwhelming, especially if this is the first time you have been in a courtroom or you have had to give a deposition. However, the personal injury attorneys of Handler, Henning & Rosenberg LLP understand. We make every effort to ensure that you fully understand each step in a personal injury lawsuit and you are comfortable with everything that happens during the process. We are available to answer your questions whenever you need us - we are working to see that your best interest is protected.

Contact our office to schedule a free consultation by calling or using our online contact form.

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