During a personal injury case in South Carolina, each side is allowed to investigate and exchange information during the discovery process. A big part of this process is depositions. Depositions are formal proceedings in which attorneys may question parties or witnesses about the case. Before getting started, you should review what to expect from this process with your lawyer.
Depositions are not part of a trial, but they are still formal legal proceedings. Depositions may begin with certain preliminary procedures. You may be placed under oath, and a court reporter may be present to record your answers. Questions should revolve around the case, and your attorney may object to irrelevant, vague, or inappropriate questions. Avoid admitting fault if possible, but do not lie in your answers. If questions are unclear, you may request clarifications. Your lawyer should help you prepare for a deposition in advance so that you can provide honest, clear, and thoughtful answers.
Speak to our South Carolina personal injury attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000 and get a free, private case review.
What Happens During a Personal Injury Deposition in South Carolina?
Depositions are a common part of civil injury lawsuits, and they generally follow similar rules and procedures.
Preliminary Procedure
When a deposition begins, there may be some preliminary procedures to get through. Remember, the person being deposed must be placed under oath and sworn in as if they were testifying in a trial. The attorneys asking you questions may also introduce themselves and briefly explain their fact-finding mission to you. In some cases, a court reporter may be present who will document everything that is said.
Questioning by Lawyers
When everyone is ready, the attorneys may begin asking questions of you or whomever else is being deposed. These questions may be like those asked in a courtroom. Attorneys generally do not lead people into providing certain types of answers, so questions must be structured to avoid leading them in any particular direction.
Questioning may take a while. It is not unusual for a person to answer questions for at least several hours.
Objections, Clarifications, and Help from Your Lawyer
If the opposing attorneys ask you questions that are irrelevant to the case, are unlawful to ask, or seem unnecessarily inappropriate, our Columbia, SC personal injury attorneys may object. In that case, you might not have to answer the question. However, you are typically required to answer all questions asked of you, and objections can get them stricken from the record later.
If a question seems confusing or you are unsure how to answer, ask for clarification first.
Can I Refuse to Answer Questions During a Personal Injury Deposition?
You usually cannot refuse to answer questions during a deposition, barring special circumstances. Many people are deposed after being served with a subpoena. The subpoena legally requires them to attend a deposition hearing and answer questions from attorneys. To refuse would land you in serious legal trouble with the court.
However, as mentioned before, if questions are irrelevant or unclear, your attorney may object, and you do not have to answer. Alternatively, you can ask for clarifications so that you can better understand the question before answering.
Things to Avoid During a Personal Injury Deposition in South Carolina
When answering questions during a deposition, avoid doing the following things to protect your legal interests.
Admitting Fault or Wrongdoing
Try to avoid direct admissions of fault or wrongdoing. It is not uncommon for plaintiffs to share some of the blame for an accident, but they may still sue for damages. If the opposing counsel believes you share even a little bit of blame, they may try to ask questions designed to elicit an admission of wrongdoing. While you should not lie about your role in the accident, avoid directly admitting fault.
Answering Vague or Unclear Questions
Your answers should be clear and concise. If you do not understand a question asked of you, you might have a hard time coming up with an answer. Instead, do not answer the question and ask for clarification. The attorney may rephrase the question or simply move on and skip it.
Becoming Emotional or Upset
Answering questions during a deposition can be hard, especially since these questions may be designed to make you look bad. It can be tempting to become upset or emotional, but you must focus and remain calm. Losing your cool does not look good, and you might inadvertently say something that could be used against you later.
What Kind of Questions Come Up in a Deposition?
You might be asked all kinds of questions during a deposition. Depending on how complex the case is and what kind of information the opposing counsel is looking for, you might be answering questions for many hours.
Questions should be relevant to the case. Completely irrelevant questions should be objected to, and you should not have to answer. Attorneys may ask numerous questions about a single element of the case to gather as much information as possible, and it may feel tedious and frustrating, but it is a necessary part of the deposition process.
FAQs About Personal Injury Depositions
What Happens During a Deposition?
A deposition is a formal legal proceeding where you may be placed under oath and asked to answer questions from the opposing counsel. Questions should focus on the case and enable the attorneys to conduct important fact-finding.
How Do I Prepare for a Deposition?
How you prepare for a deposition may depend on your specific circumstances. However, your lawyer may anticipate certain lines of questioning and help you prepare your answers.
Do Personal Injury Cases Always Involve Depositions?
Not every personal injury requires depositions. Often, depositions are necessary when the attorneys need additional information and facts to prepare the case. Depositions are especially necessary when cases are especially complex.
How Long Do Personal Injury Depositions Take?
A deposition may take several hours or more. Many depositions conclude within a few hours, but others may take a day or more to complete. Long deposition sessions may be broken up with rests and meal breaks as needed.
Is the Defendant Present as a Deposition?
In many cases, the only people present are the attorneys, the person being deposed, and a court reporter. However, in some situations, the defendant may be present while the plaintiff is being deposed or vice versa.
Do I Have to Answer Every Question During a Deposition?
Generally, you must answer the questions asked of you during a deposition. However, if questions are inappropriate or irrelevant, your lawyer may object, and you might not have to answer.
Contact Our South Carolina Personal Injury Attorneys to Discuss Depositions
Speak to our Sumter, SC personal injury attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000 and get a free, private case review.
