If you want to file a lawsuit, then it is important to find witnesses and their accounts that may support your case. Many people are afraid of appearing in the court to help you out. However, hiring an experienced attorney can help you record witness accounts out of court. This is especially helpful in personal injury cases. Here, we describe these accounts termed as depositions and then suggest how you can use them for successfully winning a case.
What are Depositions?
Depositions are witness statements that form the important part of the initial phase of discovering information about an incident. Attorneys can record these accounts in their offices, while the person providing these statements is termed as a deponent. Deponents may be employed as court witnesses if your lawyer finds it necessary in the merits of your particular case. There are two types of depositions based on their method of communication:
Oral Depositions
Oral depositions are the initial witness accounts that are usually obtained by the individual parties that are proceeding with a case in the court. These are accounts that are obtained by your attorney in an environment where a qualified person obtains a statement under oath. Electronic recordings of oral accounts are now a common practice with lawyers often asking the basic questions to establish an initial testimony.
Remember, oral depositions are usually not admissible in a court, but some exceptional conditions exist. The first exception is a deposition which shows an admission of a fact against the deponent’s interest. The second exception is when the lawyer can represent the deposition as contradicting to the witness testimony during the trial. The third exception is to use a deposition when a witness is not available to stand a trial, according to the Article VIII of the Federal Rules of Evidence.
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Written depositions are also possible where the involved parties can create a list of questions and the deponent can provide specific answers to them. This is a controlled manner, which is cheaper to perform, since the lawyers do not have to attend the collection of written depositions. This process does not hold much value these days, as lawyers tend to employ interrogatories rather than depending on depositions that may be difficult to carry forward during the trial.
Using Depositions
Hiring an experienced attorney will help you employ the available depositions in an ideal manner. Depositions hold the most value when you are attempting to get compensation for a personal injury from your employer. Any case where there are other people that may have witnessed an incident is the one where these depositions can be employed.
Wrongful terminations and workers’ compensation cases can quickly go through their initial phase, when your lawyer obtains depositions and prepares for using them during the case, or for seeking a settlement with your employer. The ideal depositions are great in successfully allowing you to obtain maximum compensation for your monetary loss.
You should seek an experienced lawyer to help you with the required depositions. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation.