Discovery, in general, is designed as a fact-gathering tool to enable each side in a litigation to know the other party’s information and evidence. The discovery tool that perhaps can be used most effectively by a Vancouver personal injury lawyer is the deposition.
Basic Considerations
Although a deposition is an out-of-court statement, it is nonetheless mandatory and is given under oath. Typically conducted in one of the lawyer’s office conference rooms, a court reporter records the proceeding, and a transcript of the testimony is compiled.
Narrowing the Scope
Not every issue of fact need be decided at trial; many can be agreed upon readily by both parties. For instance, in the case of an automobile accident, there may be no disagreement as to who was driving the respective vehicles, the time of the incident and the weather and road conditions.
Locking in Facts
Because deposition testimony is under oath, a Vancouver personal injury lawyer can elicit factual statements from a witness that will become the evidence submitted at trial. This information allows the formulation of a strategy as to how best counter that testimony. If the witness states something different at trial than he or she said at the deposition, your lawyer can confront the witness, point this out and create a credibility issue.
Effectiveness as a Witness
One of the major values of a deposition is establishing how effectively the deposed person comes across as a witness. It is important to understand that not only what the witness says will be critical to a jury but also how the testimony is presented. Does the witness seem candid or evasive? Often, the testimony of one witness is the key factor jurors will use to decide a case.
Contact a Vancouver Personal Injury Lawyer for Legal Advice
Lawyers and insurance companies use deposition information as a primary evaluation tool in deciding how much a case is worth. To maximize the value of your case, call theEtengoff Pak Law Group, a Vancouver personal injury lawyer at (360) 693-2919.
