During the depositions in the Charleston workers’ compensation case, the lawyers representing the victim were able to uncover enough evidence with the help of expert witnesses to garner a settlement offer that the client found more than agreeable. Upon receiving the settlement, the client was able to make a physical and financial recovery that would not have been likely without the awarded compensation.
If you are in need of a legal advocate, a lawyer could represent your interests in workers’ compensation talks or a personal injury claim if it is warranted.
What Are Depositions?
Depositions are when a witness is sworn in under oath and is asked questions by the lawyers in the case. The lawyer taking the deposition is called the direct exam. On a direct exam, that lawyer asks open-ended questions and is not allowed to lead the witness. The purpose of most depositions is to discover that the witness says what they know about the accident or what they know about the damages in the case. After direct examination occurs, the opposing lawyer then has a chance to do a cross-examination in which the rules do permit the lawyer to lead the witness to some extent. The whole process is to put scrutiny to the facts of the case so that the truth comes out.
When swearing in deponents before a deposition, the court reporter asks the deponent to be sworn in by asking them to tell the truth. Any testimony that they give is subject to the penalty of perjury if they were too dishonest in giving their testimony.
Almost always the plaintiff is deposed and the defendant is deposed. This case had between 12 and 15 depositions. Those are the baseline depositions. From there, the lay witnesses such as people who witnessed the accident or people who witnessed the injuries are deposed. So are expert witnesses, such as economists, vocal experts, the doctors that treated in the case, and the defendant’s hired doctors who try to minimize the damages. The defendants have their own accident reconstructionists as well. Sometimes there is an engineering expert involved. Additionally, a spouse or a pain and suffering witness could talk about the damages that the person has incurred.
In this particular case, the majority of the witnesses were videotaped. Sometimes when reading a cold transcript, it does not translate what really occurred in real-time, including the pauses and the facial expressions of the witnesses. The best practice is when a person can get video depositions for that reason.
How Deponents Are Notified in Charleston
There is a notice of deposition that is sent out to deponents in Charleston, and with that notice of deposition, they are given the date and time. They are told whether it is a deposition for purposes of trial or if it is a discovery deposition. It also indicates whether the deposition is– going to be an audio recording with a stenographer taking down the information or if it is a video deposition in which the defendant is videotaped simultaneously.
Preparing the Victim
Along with written discovery, the interrogatories, requests for production, and the materials that we produced, in this case, were voluminous. We went through our own investigation with our own accident reconstructionist and our engineer in the case. We interviewed our client about the facts of the case. We interviewed the lay witnesses about the case and got a criminal records to check on the defendant driver. We got the defendant’s driving history. We used all of that information to prepare a detailed outline to examine those witnesses in order to successfully prove that the defendant was at fault for the accident causing the damages to our client.
Reach out to Learn More About Depositions in the Charleston Workers’ Compensation Case
The depositions in the Charleston workers’ compensation case yielded the results needed for the desired settlement for the victim. However, this would have not likely been possible without the help of a dedicated advocate who held negligent parties responsible and fought for the victim’s right to compensation.
If you feel as though your employer has infringed your right to seek medical treatment after an injury or maliciously caused you harm, then you may need a reliable workers’ compensation attorney. Reach out to find the legal counsel you require today.