Depositions and Mediations in Personal Injury Cases - James Swartz

New clients are often curious about what type of involvement will be asked of them when pursuing a case. Aside from providing accurate details, evidence and open communication with their attorneys; there are also depositions and mediations, both of which are key parts of a personal injury case.
Depositions
Depositions typically happen early on in case either in a room or via zoom. You as the plaintiff would have your attorney attend the deposition with you, the defense attorney will be asking questions and also a stenographer who is there to document the deposition in writing. Depositions are usually sworn testimony and the transcript that is formed from the deposition now becomes part of the evidence for the case.
The defense attorney has a couple of things that s/he is trying to achieve when executing a deposition. They will work to unearth facts that they may not have known about yourself and the case itself. Another thing that they work to do is try to get a liability record, which may mean getting an admission of how the accident or other unique details that they feel may assist their client. An important tip that we always advise our clients is to listen carefully and only answer the question that is asked.
For example, a defense attorney may ask you, ‘Do you know what time it is?’; the correct answer is ‘Yes’ not ‘Yes, it’s 3:47pm’. Leave it to the defense to ask a follow up question after you answer ‘Yes’, they may ask you, ‘Well, what time is it?’, then you may proceed to answer with actual time.
That is just a small example of what the deposition process looks like. However, this does not mean that you are hiding anything, it just means that the opposition’s attorney has a job to do to get the answers they need for their client.
Mediation
Mediations are a very different event, they are not binding, there is no arbitrator involved and there is no judge involved. They usually occur further along in the litigation process after depositions have been made, after there has been written discovery, after medical records have been produced and shared. So essentially, each side has all the information they need to really assess the true liability and value of the claim.
The mediation process brings both sides together in one place to negotiate with a mediator; the mediator, is a neutral party that can either be a retired judge or an attorney that is well known in mediation circles. Let us emphasize again that these mediations are not binding, so the parties voluntarily come together in private mediation sessions to discuss resolving the lawsuit prior to trial. If it doesn’t get resolved, then the parties leave the mediation and continue on with the litigation process towards a possible trial.
SWARTZ & SWARTZ P.C. CAN HELP
Swartz & Swartz, P.C. has vast experience handling multi-million dollar claims. Our impressive track record is only one aspect of our reputation; we are equally proud of the personal relationships we build with each of our clients.
If you need a personal injury, wrongful death, or medical malpractice attorney who will fight for your rights no matter what the odds, call the Boston, Massachusetts office of Swartz & Swartz, P.C. at [phone], or toll-free at 1-800-545-3732. You may also send us a short description of your unique situation using our contact us page.
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