What is a Deposition in a Personal Injury Case in Nevada?
If you end up in an auto accident that requires the expertise of a Nevada car accident attorney, you will likely be involved in a deposition at some point. The deposition should not be feared. However, you might be a bit nervous about it as the accident itself was likely quite traumatic. It is best to view the deposition as an opportunity to answer questions relevant to the accident and ultimately prove you were not at fault. The bottom line is the deposition is legally required so you can’t get out of it. Let’s take a look at what personal injury depositions are really all about.
Personal Injury Depositions
A personal injury deposition will necessitate the assistance of one of the best personal injury attorneys in Nevada. Your preparation combined with your knowledge of the accident and the expertise of your Nevada personal injury attorney will prepare you for this important component of your case. Your attorney will go over the steps of the deposition including its potential legal ramifications. Your attorney will also attend your deposition.
In short, personal injury depositions are formally documented questions and answers pertaining to the event that is the focus of the case. Attorneys ask questions while you, the personal injury victim, answer those questions. Your answers will be recorded with an audio recording device or a video recorder. Opposing counsel and your own attorney will ask the questions. The deposition is usually conducted under oath, meaning you will be legally liable in the event that you are prosecuted for perjury as a result of lying while being deposed. You and your attorney are requires to act in accordance with the state’s rules of conduct.
Depositions do not feel as formal as court hearings. The relevant parties agree to meet in a specific place such as an area used for conferences as opposed to the court room. The recording equipment is turned on and the questions begin. This arrangement has the potential to prove overwhelming so it is in your interest to have an experienced personal injury attorney on your side. Your attorney will object to questions asked of you that might not be admissible in a court of law. Your attorney can also help you answer questions. Furthermore, your attorney will inform you when you have the legal right not to answer a question if it would be in your interest do so.
The use of Depositions
Depositions in criminal cases are not used in a court of law at a high frequency. Rather, the relevant parties will likely testify before a jury while in court. However, if the individual in question is younger than 16 years of age, if the individual is not mentally sound or if there is another valid reason, an exception will be made.
Though an individual’s deposition probably won’t be used as a form of evidence in a criminal case, there is a chance that it will be used. The bottom line is your deposition might end up serving as official testimony so it should be taken seriously. In fact, the state of Nevada even uses depositions in civil cases during the discovery portion of cases in which each side establishes evidence.
Lean on Your Attorney for Guidance
The bottom line is the state of Nevada usually takes depositions for most auto injury cases. The words stated during depositions can be used in a court of law. This is precisely why you need an intelligent and experienced Nevada personal injury attorney at your service. Lean on your attorney for guidance before, during and after your deposition and you will stand a much better chance of a just result.