Deposition

Contact Personal Injury Lawyers You Can Trust

How Depositions are Used in Personal Injury Law

Depositions can be used when both the plaintiff and defendant’s teams are gathering evidence during the discovery phase. This allows attorneys on both sides to get facts about the case and learn more about the circumstances surrounding an injury.

Famous Cases Depositions Were Used

Depp v. Heard (2022)

The defamation suit between Johnny Depp and Amber Heard received a lot of media attention, and the trial included several instances where the 2016 video depositions of the plaintiff and the defendant were seen. However, the depositions were for the original divorce case, not for the 2022 case of defamation. This is important to note, as Depp’s legal team used the video depositions to exemplify how Heard’s story changed from one trial to the next, in addition to Heard’s demeanor when talking about the alleged traumatic events she endured. While it is often rare that depositions are included as trial evidence, the judge in this case found them admissible.

When are Depositions Used in the Legal Process?

Depositions are created during the discovery phase. During depositions, attorneys are able to ask questions with a lowered number of objections. However, witnesses aren’t required to answer the questions.

Get In Touch With Us

free case consultation

800-800-4600

Are Depositions Used in Kentucky Personal Injury Law?

Yes! Depositions are used to allow personal injury lawyers in Kentucky to ask questions to the defendant’s witnesses before the trial. This can help them gather evidence.

Are Depositions Used in Tennessee Personal Injury Law?

Yes! Depositions are used in Tennessee personal injury law. When a case goes to trial, Tennessee personal injury lawyers may ask questions to the defendant’s witnesses. Additionally, the defendant may ask questions to the plaintiff’s witnesses.

How Does Hughes & Coleman Injury Lawyers Use Depositions?

The experienced personal injury attorneys at Hughes & Coleman may utilize deposition if your case doesn’t settle out of court. Should your case go to trial, during the discovery phase, our attorneys will write a Notice of Deposition to the defendant’s team, outlining the witness(es) they wish to depose, the location of the deposition, the method of recording, and any additional documents the deponent needs to bring.

During the deposition, our lawyers will ask necessary questions about the case, their role in the case, and any additional information they may have on the case.

With the information collected during depositions, the attorneys will then review it along with additional evidence to come up with a trial strategy.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

Free Case Consultation

CALL now 800-800-4600

Frequently Asked Questions About Depositions

Can depositions be used in court?

Yes. While depositions aren’t always allowed as evidence (unless the judge finds it to be admissible), they may be referred to during direct or cross examination. Depositions can be used to impeach witnesses if there are conflicting statements in the trial testimony and the depositions.

What happens during a personal injury deposition?

Questions are asked to witnesses. Attorneys for all parties are in the room, and objections can be made.

Can a settlement be reached at a deposition?

In most cases, if one side decides to settle during a deposition, they may make a settlement offer, although cases aren’t often settled during a deposition.

Do insurance companies settle after a deposition?

Sometimes. If an insurance company discovers, during a deposition, that their case isn’t as strong as they originally thought, they may make a settlement offer to avoid a costly trial.