Expert witness depositions are critical to discovery and the outcome of litigation in wrongful death, personal injury, workers’ compensation cases. Most complex cases do not settle until after the experts provide deposition testimony.
Eliot M. Harris’ article entitled “Preparing Your Expert Witness for Deposition” on June 26, 2012 provides insight on how to prepare for depositions, how to defend them, and how to choose expert witnesses to testify. Expert witness depositions are critical to discovery and the outcome of litigation in wrongful death, personal injury, workers’ compensation cases. Most complex cases do not settle until after the experts provide deposition testimony.
When involved in a personal injury, wrongful death, or workers’ compensation action, select an attorney who is well networked with experts. An experienced accident attorney knows how to select an expert witness by looking over resumes or contacting an expert witness network that has the administrative staff to help facilitate the process. An expert is helpful to resolve medical controversies by determining the length of recovery for injuries, and the amount of costs involved for equipment or long term medical needs. Choose an expert witness who has premier credentials in the field.
Before finalizing on the expert, an experienced attorney generally performs a comprehensive conflict check. It is expensive to learn of a conflict after committing to spend money, and time with, the expert.
To get the most assistance from an expert witness, a lawyer will prepares the witness for the deposition with medical reports from the injured party. An expert deposed in other injury matters may be familiar with the deposition process to forego preparation, but the expert should still be familiar with the case.
In a deposition, an attorney for the side opposing the injured party will be asking questions. In discovery, each party may ask for relevant information. The parties are not necessarily limited to information that may be admitted into evidence during trial. There may be evidentiary objections to questions, but usually the witness must answer the questions despite the objections.
At a deposition, the parties themselves may appear. A court reporter may transcribe every word audible to the reporter. The deposition may take place at an attorney’s office, the expert’s office, or at the court reporter’s office.
Though the deposition recording may not be video, the witness should appear for deposition well groomed. How an individual dresses reflects credibility and presence in court. At each stage of a lawsuit, attorneys will be evaluating how strong a witness the individual will be at trial.
We do not solicit business or send notices to anyone's email addresses. If you believe you have received an email from us and have no idea what it's concerning, do not open any attachments included in it and please forward it to . Help us put an end to web scams and bogus email.