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What to Know About Deposition in a Personal Injury Case

When you file for a personal injury case, expect to face the stage called the deposition. Not everyone is familiar with this stage, but it is the part when you have the chance to establish all the facts for your case. Here is what you need to know about it.

When Does a Deposition Happen?

The deposition stage can be conducted within weeks or even months from when you file the case. When you file a claim, the court may set a specific time for you to file your complaint and other documents you decide to include.

After this is done, the court then gives you a deadline that the other party has to answer your complaint. The time frame can range from 30 days to 120 days. After you get a reply, the case could be set for trial or settled.

The fact is that there are instances where the deposition happens before the trial takes place. It also happens that the trial replaces the deposition stage.

To win your case, you must have a good and reliable lawyer that you can trust. It is the lawyer’s job to help you gather the evidence you need and prepare you for the deposition.

How Important Is the Deposition for a Personal Injury Case?

The deposition for a personal injury case is one of the most crucial elements in the case. What you do with the deposition will make or break your case.

Having a personal injury lawyer is essential in getting the deposition done correctly. You have to know that the expert you hire to care for the deposition is critical. For the case to be won, the lawyer must use their experience and expertise to help you win.

What You Should Prepare for the Deposition

In a personal injury case, it is vital to know the importance of the deposition. In this stage, the witness’ statement is sought and their recognition on the issue.

There are four things that your lawyer needs to know during this stage. It is important to answer the following questions:

1. What really happened? It is the very first question that the lawyer must know. It is the “why” part of the case.

2. Was the plaintiff at fault for the accident? There is a need to make sure that the plaintiff is not the fault for the accident. When filing for a personal injury case, you need a good lawyer who can show this.

3. How were you harmed? These are some things that should be considered when filing for a personal injury case.

4. What outcome do you want? Here is the last question that needs to be answered in the deposition. It describes what you want out of the case.

It is vital to remember that the deposition is critical in preparing the case. The witness is the one in charge of describing everything. Although you do not have to worry about it, you need to know what to do to get the case moving and win.


The deposition stage is the first stage of a personal injury case. It is when each party can establish facts and statements. It is also the stage where the witness has to appear and make a statement. When you are ready to win your personal injury case, you need to know that it is a long process. You have to be organized and have the right lawyer to help you win it. 

Should you need a personal injury lawyer in Birmingham, AL, we can help. Swiney & Bellenger Attorneys at Law is an expert in injury and disability cases. Contact us today to learn how we can assist you.

  • (205) 588-4652


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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