Complete Guide to Depositions in Personal Injury Cases in NJ

You’re the one suing for personal injury. So why are you being deposed?

Depositions are a normal part of the personal injury process in New Jersey — even for plaintiffs like you. But that doesn’t mean they’re easy or stress-free.

In fact, for most people, the idea of having to attend a deposition is incredibly stressful. Navigating a personal injury case is already daunting enough, and there’s no need to endure even more stress.

Instead, learn everything you need to know before your deposition so you’re less stressed, more prepared, and much more likely to recover the full compensation you’re entitled to. This guide will help you do exactly that. Keep reading or contact the Rosengard Law Group team to discuss your case.

What Is a Personal Injury Deposition?

A personal injury deposition is a sworn, out-of-court testimony given by a witness or party involved in the lawsuit. 

During a deposition, attorneys from both sides have the opportunity to ask questions to gather information and build their cases. The testimony is recorded by a court reporter and can be used in court if necessary.

Depositions are used to:

• Gather facts and details about the incident.
• Understand the extent of the injuries and damages.
• Assess the credibility of the witnesses.
• Create a record that can be used for reference during the trial.

In other words, this is a really important part of your case. So it’s worth preparing for and paying attention to.

Preparing for a Personal Injury Deposition

Preparation is key to a successful NJ personal injury deposition. Here are some steps to help you prepare:

Understand the Process

Your attorney will explain what to expect during the deposition. That includes the types of questions you may be asked.

For reference, here are some questions you might be asked as a plaintiff in a personal injury deposition:

• Can you describe the events leading up to and during the accident?
• What injuries did you sustain, and what kind of medical treatment have you received since the accident?
• How have your injuries affected your ability to work and perform daily activities?
• Can you provide details of all medical expenses incurred due to the accident?
• How much time have you missed from work, and have your injuries affected your future earning capacity?
• How has the accident impacted you emotionally and psychologically?

Review Your Case

Familiarize yourself with the details of your case, including your medical records, accident reports, and any statements you have previously made.

If you’re working with an attorney, ask them to help you memorize the pertinent details.

Practice with Your Attorney

Conduct mock depositions with your attorney to get comfortable with the process and receive feedback on your responses.

This may seem unnecessary at first — after all, you experienced the accident, right? — but you may be surprised at the details you forget or stumble on during the practice sessions.

Stay Honest and Clear

Answer questions truthfully and concisely. If you don’t know the answer to a question, it’s OK to say so.

Stay Calm

Depositions can be stressful. But staying calm and composed will help you provide clear and accurate answers.

What Happens After the Deposition?

After the deposition, the court reporter will prepare a transcript of your testimony. Both parties will review the transcript for accuracy and may make corrections if necessary. 

Your attorney may use the deposition transcript to:

• Develop strategies for trial.
• Identify strengths and weaknesses in your case.
• Prepare for cross-examination of witnesses.
• Negotiate settlements with the opposing party.

The deposition transcript can also be used in court to challenge your testimony if it contradicts what you said during the deposition.

Why Are Depositions Important in NJ Personal Injury Cases?

Depositions play a super important role in New Jersey personal injury cases for several reasons:

• Evidence collection. They provide a detailed account of the incident and injuries, which can be used as evidence in court.
• Case evaluation. They help both sides evaluate the strengths and weaknesses of their case. That means better-informed decisions about settlements.
• Witness credibility. They allow attorneys to assess the credibility of witnesses. That can become quite important in certain kinds of trials.
• Trial prep. They help attorneys prepare for trial by providing a preview of what witnesses will say.

How an Attorney Can Help You with Your Deposition

If you’ve never done one before, a deposition can feel a bit scary. But an experienced attorney has done countless depositions. That means they can help you with yours in a big way. 

Here are just some of the ways the attorneys at Rosengard Law Group may be able to help with your personal injury deposition:

• Guidance and education. Your attorney will educate you about the deposition process and what to expect.
• Preparation and practice. We can help you prepare your testimony and conduct practice sessions to ensure you’re ready.
• Legal strategy. We can develop a strategy to handle difficult questions and protect your interests.
• Support. We can be present during the deposition to provide support and intervene if necessary.

Deposition Coming Up? We Can Help

Preparing for a deposition can be stressful, but you don’t have to do it alone. The experienced attorneys at Rosengard Law Group are here to guide you through the process and make sure you’re fully prepared.Ready to get the support you need? Contact Rosengard Law Group today to schedule your free consultation. Call us at 856-284-6446 or reach out online to speak with a personal injury lawyer.