Depositions Upon Oral Examination
During the deposition process, the attorneys representing the parties in a personal injury lawsuit are able to ask another party or a witness questions related to the subject matter of the litigation. The respondent must answer these questions under oath. Contrary to what many television portrayals imply, depositions upon oral examination have certain rules and procedures that must be followed. Knowing whom to depose and ensuring that the deposition is conducted effectively is a critical step in any motor vehicle collision claim. At the Wolfe Law Firm, Clarksburg car accident attorney Dorwin J. Wolfe has accumulated substantial experience handling depositions and using them as a litigation tool for his clients.Understanding Depositions Upon Oral Examination in Personal Injury Litigation
A wide variety of parties may be deposed in a personal injury case. After a car accident, for example, the plaintiff may wish to depose the defendant, treating physicians, law enforcement officers who investigated the accident, doctors hired by the defense as experts, witnesses who saw the accident or its aftermath, and other experts testifying on behalf of various parties
Under Rule 30 of the West Virginia Rules of Civil Procedure, parties must serve a Notice of Deposition upon the party that they wish to depose at least 30 days in advance of the proposed date for the deposition. A court reporter must attend the proceeding. The reporter will create a transcript of the deposition, and the deponent will have a reasonable opportunity to read it and correct any significant mistakes. During the deposition, counsel for the deponent will have an opportunity to object to any questions that they feel are irrelevant or improper. Local courts also have the authority to limit the amount of time that a deponent may be questioned. The deposing party may seek additional time, however, if they can prove that it is necessary to conducting a fair examination.
Depositions upon oral examination are an important way to gather evidence in a motor vehicle collision or other personal injury claim. They can help a victim establish that the defendant breached the applicable duty of care and that the accident resulted from this breach. Statements in the depositions later can be admitted at trial if there is any dispute about one of the elements of a negligence claim. If the defendant violated a statute or a traffic regulation at the time of the crash, for example, deposing a police officer who issued a citation to the defendant may help substantiate that fact and show that the defendant breached the duty of care. Deposition testimony from a medical expert or a doctor who treated the victim may be useful in establishing the extent of the injuries and the damages that the victim should receive.Discuss Your Car Accident Case with a Clarksburg Attorney
Obtaining vital evidence and conducting a thorough investigation into the situation surrounding a motor vehicle collision or another accident is a critical step in pursuing the compensation that you deserve. Clarksburg lawyer Dorwin J. Wolfe and the staff at the Wolfe Law Firm are ready to guide you through the legal process with compassion and dedication. We represent injured individuals throughout West Virginia, including in Morgantown, Clarksburg, Bridgeport, and other cities throughout Randolph, Mineral, Harrison, Barbour, Braxton, Grant, Hampshire, Lewis, Marion, Pendleton, Pocahontas, Preston, Taylor, and Tucker Counties. Call us at 877-637-5756 or contact us online to set up a free consultation with a motor vehicle collision attorney.