The difficulty in getting a deposition from the defendant-driver depends upon the witness personality, as the personal injury lawyer in Kitchener explains to their clients. The witness can be
honest and straightforward if they believe that the insurer is going to deal with the liability. Then they can be close-mouthed and defensive too or anything in between. The most important thing
is to adapt the style of questioning to match the personality of the witness. This determines the deposition outcome because the questions are not complex.
Asking Questions
The personal injury lawyer in Kitchener asks the defendant some
standard questions applied to most cases involving vehicular-liability. Timing is important too and you want the case to continue towards settlement. This means deposing the
defendant driver quickly but this is not possible when the case starts. The first step is obtaining answers for the initial discovery process and other documents like the police report you might
use during the deposition. You might have to depose the plaintiff in front of the defendant. During deposition find the story of the defendant, their testimony at the trial, and test the story
thoroughly in areas where it might hurt the case of the plaintiff.
Witnesses’ testimony
The personal injury lawyer in Kitchener wants the witness to commit to the key facts. This way the witness is unable to change the testimony later. They seek the defendant’s admission that
supports the case of the plaintiff. While conducting the deposition, the lawyers work simultaneously towards these goals. The personality of the witness and the way they answer questions
determine the deposition strategy to use. The lawyers put up a non-confrontational and friendly face to encourage witnesses to give more information to use. For hostile witnesses, they would
change their manner accordingly.
The personal injury lawyer in Kitchener knows how to use the best tone that helps the witness to recognize the person in charge. This way, when they ask a question the witness becomes duty-bound
to give answer. Deposing the defendant-driver forms an important part of the injury cases and the lawyers make the required preparation. One part is reviewing the complete file with special
attention to the complaint, answer, and petition along with the documents produced and other depositions related to the case. The focus is also upon the discovery written especially the
answer of the defendant to the interrogatories.
Preparing the case
During the preparation stage, the lawyers consider the unique aspects of the case as per the case file. This allows them to modulate the questions to suit the case. the personal injury lawyer in
Kitchener gathers paperwork with the signature and the name of the defendant obtained through discovery. This includes repair estimates, accident reports, informal, and formal statements along
with all the photos. For more information visit Our Website