How can a deposition be used during a personal injury lawsuit?

There should be little doubt that time is of the essence in the aftermath of a traffic accident. Not only because there is a time limit that a personal injury lawsuit has to be filed, but also because evidence can get lost as time passes. For example, skid marks that could show speed could fade. Similarly, witnesses could begin to forget and even the accident victim’s memory could get a hazy.

One of the ways to counter the loss of important testimony is for Massachusetts’ residents to collect as much information as possible during the discovery stage. All named parties have the right to conduct discovery, a formal investigation, to learn more about the case. The evidence and information gathered during the process can help both parties better prepare their strategies and avoid delays once the trial begins.

A deposition is one of the ways through which information is gathered and involves a person’s sworn out-of-court testimony. The process is generally initiated by the named parties and generally, only involves them. All parties can question the witness and the ability to object to testimony is very limited. Though the testimony is considered hearsay and inadmissible at trial, it serves two valuable purposes — it allows everyone to find out what the witness knows and also serves to preserve the witness’ testimony.

Additionally, a deposition can be allowed in court if the testifying party’s testimony at trial contradicts something they said during the deposition. Finding out what the other party has to say before the trial begins ensures that no one is surprised once the trial begins. It also allows individuals to craft their case accordingly to get the compensation they deserve after a car accident.


FindLaw Network