Receiving a worker's compensation may lead to litigation that requires you to give a deposition that explains your side of the story. A legal deposition is just one way for you to give your statement. Depositions can be used to help establish a case or they can be used in court proceedings if necessary.
What Happens During a Workers' Comp Deposition?
The deposition normally takes place at the insurance company’s lawyer’s premises. Sitting at a conference table, you’ll be administered an oath by the court reporter to tell the truth. The lawyer of the insurance company will ask you a number of questions, and in case you have your own lawyer, they will make sure that your legal rights are protected, and the lawyer of the insurance company doesn’t ask questions that are inappropriate. The court reporter will prepare a written transcript of everything that’s said, and it will service as evidence in your case.
How Long Does the Deposition Take?
Depositions are usually over in around a couple of hours. In case you have received extensive injuries or have had a long history of treatment, it may extend beyond two hours, but certainly not more than eight hours.
While the insurance company only takes your deposition once under most circumstances, if you make a fresh claim the insurance company may question you a second time.
Is There a Need for a Workers' Comp Lawyer?
It might be prudent to hire a worker’s compensation lawyer if you have been called to a deposition. An experienced attorney not only knows the rules but will also help you prepare the deposition. He will also tell you which questions you shouldn’t answer, and he’ll ask follow-up questions designed such that they will clear up the misunderstandings that might potentially hurt your case.
What Happens After a Deposition Has Taken Place?
A Transcript is Generated
When you give a deposition, it will be recorded as a video or a voice recording. After the deposition is over, the stenographer will transcribe your statement and make a hard copy for everyone to look at and review.
The Transcript Will Be Reviewed and Revised
Once the deposition has been transcribed and printed, both parties and their attorneys will receive copies to review the statement. If something needs to be clarified or revised, notes will be made and the stenographer will make the necessary changes.
Your Attorney Will Go Over the Deposition
After the deposition has been finalized, your attorney will be asked to go over the deposition with you. Afterword, you will be able to use it to help support and verify your claim. He will ask questions to make sure it contains all of the necessary information and to make sure that you did not forget any pertinent information.
Depositions Can Be Used in Court
Depositions can and will be used in court, so always make sure to tell the truth and be very clear about what happened. A deposition is a signed statement made by you about what happened during the incident. Since it can be used in court, the judge may refer back to it several times. It is extremely important to make sure the deposition is clear and concise.
Several other things can happen after the deposition is over.
Further Discovery, If the Need Arises
Once an attorney reviews the transcript, they might need a verification of facts, perform an additional follow-up, or talk to other witnesses. In that event, the attorney might feel the need to conduct further discovery.
Review for a Settlement
Once attorneys gather all information from the deposition, it allows both sides to make an evaluation on whether they have a case that is strong enough to proceed to trial or whether it'll be more prudent to reach an agreement.
Prepare for a Trial
If both parties cannot come to a settlement, depositions are thoroughly reviewed to look for supporting key points for the attorney or to look for inconsistencies or gaps in the other’s argument.
The experienced attorneys at Gaylord & Nantais can help prepare your case in the best possible ways for settling deposition related matters. With their resources and experience, you will have everything you need to win your case and move on with your life.
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