Suppose you are struck by a car in the City of Buffalo and suffer a serious personal injury as a result. You file a personal injury lawsuit and, before the case is brought to trial, you are told you must attend a deposition.
A deposition is a hearing where the defendant’s attorney will ask you questions about the accident, your injuries and the impact of the accident on your life. It is usually not as formal as a court hearing and typically takes place in a conference room at a lawyer’s office, not in court. You will, however, have to swear to tell the truth before you answer. Your lawyer will be present to assist you, if necessary.
In most cases, the defendant in the case will also be deposed and required to answer questions posed by your attorney.
A deposition serves multiple purposes. It allows both sides to hear the other party’s version of events and better evaluate the strength and weaknesses of the case. This, in turn, helps the parties determine whether to try to settle the case prior to trial or proceed to trial.
Also, if the case does go to trial, your answers, and the defendant’s answers, during the trial can be compared to the deposition testimony to see if there are any inconsistent statements. Any such statements would then be used against the other party.
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