What to Expect at a Deposition for Your Illinois Injury Case

 Posted on September 11,2023 in Blog

If you file a personal injury lawsuit in Illinois, you will likely have to participate in a deposition with your lawyer - a recorded interview under oath. Being prepared for what to expect during a deposition is crucial for successfully pursuing your injury claim.

Purpose of the Deposition

The deposition allows the other party’s attorney to ask you questions about your lawsuit claims, medical history, and other aspects related to the accident and injuries. Your testimony is given under oath and recorded by a court reporter to be potentially used later if the case proceeds to trial.

Location and Scheduling

Depositions usually take place at the defending attorney’s office. Your lawyer will coordinate scheduling, but the other party generally sets the date and time. Multiple depositions often occur over the course of an injury lawsuit.

What to Bring and How to Dress

Bring any documents you are asked to produce. Copies of medical records and bills are common items to have on hand. Dress professionally as you would for court, but keep in mind you can dress casually. First impressions matter.

Who Will Be There

Expect the defense attorney, court reporter, your attorney, and likely other support staff to be present. In some cases, the defendant may also attend, but they cannot directly address you.

Typical Deposition Proceedings

After swearing you in, the questioning attorney will ask you a series of questions related to liability, damages, health history, and other case details. Your attorney may clarify questions or object but cannot instruct you how to answer questions. Answer all questions truthfully. “I do not recall” is fine if you honestly don’t remember. Do not speculate or guess. Breaks are permitted if needed.

Following Up on Your Testimony

After the deposition, your lawyer can go over your testimony. If any errors that could impact your case were made, your attorney can submit an errata sheet to correct the record. This amendment becomes part of the official deposition record.

How Your Testimony Can Be Used

Anything you state in the deposition can be brought up later at trial. So, the testimony must be accurate and consistent. Depositions are key to developing both sides’ positions and formulating legal strategies. Your lawyer will prepare you thoroughly to ensure you are ready.

Being aware of what to expect during a deposition enables you to participate effectively and pursue your injury claim successfully under Illinois law. Listen to your attorney’s guidance every step of the process.

Contact a Bloomington Personal Injury Attorney

It is beneficial to have someone who knows legal jargon on your side. It can get overwhelming dealing with the process by yourself. Working with an Illinois personal injury lawyer can make all the difference. Call Kanoski Bresney at 888-826-8682 to start with a free, no-obligation consultation.