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How To Use a Deposition As a Trial Tool

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One of the most useful tools your New York personal injury lawyer can use in preparing your personal injury claim for trial is a properly strategized deposition. Although the majority of depositions are taken for only discovery purposes, if an attorney properly deposes a party, the deposition can be a successful tool for trial and negotiation purposes as well.

Tips for Successfully Deposing a Party

Below are four different ways your New York personal injury lawyer can use depositions to manipulate the outcome of trial in your favor:

  1. Impeachment. The deposition is a written testimony given under oath or affirmation, locking in certain facts provided by the deposed party. If the party attempts to testify to the contrary of what he or she provided during the deposition, he or she can be impeached with the deposition testimony.
  2. Refreshing the witness’s recollection. If a witness is unable to recall certain facts or events, his or her recollection may be refreshed using the deposition testimony.
  3. Using the deposition as an admission. Your New York personal injury lawyer may also be able to read the deposition aloud as an admission during trial.
  4. Using the deposition in lieu of live testimony. In certain jurisdictions, where the witness is unavailable to testify at trial due to an illness, death or the inability to be subpoenaed, his or her deposition may be read instead of live testimony.

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If you or a loved has been injured in an accident caused by the negligent or reckless actions of another person, the experienced New York personal injury lawyers at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us toll free 24 hours a day, 7 days a week at 1-800 WORK-4-YOU (1-800-967-5496). We can also help with personal injury claims in New Jersey, Connecticut, Pennsylvania, or Florida.

If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case. Other toll free phone numbers for us include: 1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES. Please visit us at www.Work4YouLaw.com.



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