In law, a ‘deposition’ is the giving of sworn evidence. It is a witness’s sworn out-of-court testimony. The witness giving a deposition is called the ‘deponent’.
However, depositions are a part of the American legal system. They are not actually relevant in the United Kingdom, and there is no a UK equivalent to the US legal deposition.
If you have been injured in an accident, then as the claimant, you will need to provide a core witness statement because you are a key witness. This will be given in the presence of your lawyer, during your interview, and your lawyer will verify that it is legitimate with a signature. In some ways, this can be compared to a deposition of sorts, however the name ‘deposition’ is American, and it is not widely used in the British legal system. Furthermore, the pre-litigation discovery process in England and Wales is very different to that in the US, because it is based on questions which are put forward to both parties.
Questions you will have to answer
To make a successful personal injury claim, the facts surrounding your case have to be established, so that liability can be ascertained. It is important to remember that you can only bring a claim forward if there is another party to make a claim against – and if he, she or they owed you a duty and failed in their duty to protect you.
As part of your claim, you’ll be asked 3 key questions by your helpline for accident claims:
- How did your accident happen? You will be asked to describe to the best of your knowledge the events leading up to, during and after your accident. You will need to verify how your accident happened to ascertain your level of liability;
- Who else was involved? As previously discussed, you can only make a claim if you have somebody or something to make a claim against. Your lawyer needs to know who the other parties are, so that they can establish who to send your claim to;
- When did your accident happen? In addition to the above questions, your lawyer needs to know when your accident happened so that they can put forward a clear Date of Limitation, to comply with the rules set out by the Limitation Act 1980.
With the above information, your lawyer should have everything they need to get started with your personal injury claim. However, 2-3 weeks into the claims process you will attend a medical examination to establish the true extent of your injuries. The medical report generated through this examination will be used to determine a fair settlement demand.
