The deposition is a vital discovery tool that can make or break a lawyer’s personal injury case. When used correctly, it can build momentum going into trial or even lead to settlement negotiations. When used incorrectly, it can lead to disaster. Here are a few steps that we may take to ensure we get exactly what we need from the deposition in order to move the case in a positive direction.
The Steps of Preparation
Like most things in life, preparation is an important ingredient for success. Here are some ways we may prepare ourselves:
- We’re going to identify exactly what we want from the deposition. We’ll have a clear, achievable goal that we can work towards.
- While generally we’ll be looking to discover precisely what the witness knows, we’ll also have a specific set of information that we need from the witness that will work to strengthen our case. Whether it includes fact-finding, establishment of duty, or even admission, we’ll work to obtain the most relevant and potent information that will give us an advantage.
- We’ll strip down our case into the fundamental elements and look to see what relevant information the witness may have to support our claims.
When The Worse Happens
In situations where we need to discredit testimony that does not have suitable credibility to back it up, there are a few different ways we can go about rectifying the situation:
- Discredit testimony that is based on bad facts. Through certain lines of questioning, it’s possible to discredit false statements made in good faith.
- Make the witness lose his or her opinion. Often, experts will bring in “expert opinion” that was acquired after the fact that can hurt our case. Through lines of questioning, we can stick to the relevant facts and avoid expert opinion.
- Accept the facts. Inevitably, there will be information that we simply wish did not exist. By embracing them and moving forward persuasively, we can strengthen other elements of our argument.
Parrish Law Firm, PLLC is based in northern Virginia, and works with residents who are looking to file a personal injury claim. Our veteran attorneys have fought and won fair compensation for people just like you. We don’t take every case we are approached with, but contact us and see if we make a good match. Call us now at 703-906-4229 or fill out a free case consultation form here.