What is a Deposition in a Massachusetts Personal Injury Lawsuit?
If you are in the middle of filing a personal injury lawsuit in Massachusetts, you may have to deal with something called a deposition. Depositions are conducted before the actual trial, but they can have a significant impact on your legal battle. Your attorney can conduct their own depositions, but the defendant’s attorney also has this right. It is important to gain a solid understanding of how depositions work, how to prepare for them, and how they might impact your case.
Of course, your first step should always be to get help from a qualified, experienced personal injury attorney in Massachusetts. These legal professionals can explain virtually every aspect of a personal injury lawsuit, from depositions and evidence to witnesses and verdicts. An experienced attorney can also help you prepare for depositions in the most efficient way possible.
Understanding Depositions
Depositions are conducted during the pre-trial phase. More specifically, they are conducted during the discovery phrase. This takes place after the “pleadings” phase but before the trial itself. During the discovery phase, both parties try their best to collect as much information and evidence as possible. Your attorney will try to collect information and evidence that supports your claims, while the defendant’s attorney will try to collect information that refutes them.
Depositions are part of this general fact-finding mission. They take the form of interviews, and an attorney is allowed to ask a number of questions with a court representative present. You will almost certainly be asked to participate in a deposition. During this deposition, the defendant’s attorney will ask you a series of questions. You must respond under oath.
Your attorney may also conduct a deposition with the defendant. During this interview, your attorney will have the chance to question the defendant, challenge their claims, and try to establish a better understanding of what really happened.
Can They Ask Me Any Question?
If you are participating in a deposition, you generally have to answer the questions asked. That being said, the state of Massachusetts does impose certain limitations on which questions you have to answer. Here are some examples of things you do not have to disclose during a deposition:
- Any communications between you and your attorney
- Any communications between you and your spouse
- Any communications between you and your therapist/psychiatrist
Is the Deposition Recorded?
Every word during a deposition will be recorded by a stenographer in the room with you. However, this does not necessarily mean that every word you speak will be used against you during the trial. In fact, there are strict rules regarding what types of questions can be asked in court. If the questions during your deposition do not follow these rules, then your answers are inadmissible in court.
Get Help From a Legal Expert Today
If you want to approach your personal injury lawsuit in the most efficient way possible, you should hire an experienced, qualified personal injury attorney. Reach out to the Law Offices of Johnson, Sclafani & Moriarty today, and we can help you achieve justice.
