What Happens After a Wrongful Death Deposition?

What happens after a wrongful death deposition will depend on the specific circumstances of your case. In some cases, the information it contains will strengthen your court case, and you might choose to continue to trial. In other cases, it might help steer your case toward a fair and appropriate financial settlement.

Other things that happen after a wrongful death deposition is completed involve legal issues. The court reporter will transcribe the deposition and provide a copy to attorneys for each side. If a videographer was present, each side will receive a videotape of the proceedings. Your lawyer will explain how these items will be used as part of your evidence file and how they could potentially steer settlement negotiations.

The Reason Depositions Are Part of Your Family’s Wrongful Death Case

When your family seeks financial compensation after the unexpected loss of a loved one in an accident caused by someone else’s negligence, your case is likely to be settled without going to court. Sometimes, though, your case must go to court to achieve a fair settlement.

When that happens, you could be deposed as part of the discovery process. If you are, your lawyer will prepare you for the deposition process and will accompany you to the proceedings.

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Who Can File a Wrongful Death Claim?

Every state has its laws restricting who can pursue a claim after the sudden death of a loved one. This is to keep the courts from being overwhelmed with competing cases.

The Official Code of Georgia Annotated (OCGA) §51-4-2 creates the legal hierarchy that determines which family members have priority in the legal system. In Georgia, the surviving spouse is first in line. If there is no surviving spouse, then the child or children of the victim can pursue the claim against the negligent party. If the children are not of age, their guardian can represent their interests.

Should the victim have no spouse or children, any surviving parent can file a wrongful death suit. If there are no surviving family members, a personal representative of the victim’s estate can be appointed by the courts to speak on their behalf.

The attorney representing your family will explain who can file a wrongful death claim. They will also ensure the right family members seek fair compensation within the allowable time frame.

Questions You Can Expect During Your Deposition

It can be hard to answer questions when you feel unprepared. It can also be difficult to know how much to say. In general, your answer should be short, succinct, and to the point.

You and other family members could be asked questions about the following:

The cause and cost of your loved one’s untimely death
How you prepared for the deposition and who worked with you
Yourself, including your background, education, and employment
Your familial relationship to the deceased person
Your current financial condition and the decedent’s role in your finances

Your legal team will prepare you for the session and may ask sample questions to help you understand what to expect.

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A Deposition Is Only One Way to Understand an Accidental Death

The deposition in a wrongful death case is one part of the discovery process. It is also only one part of the evidence that shapes your case. Additional evidence your lawyer may use to substantiate your family’s case includes the following:

Accident or incident reports
Your loved one’s medical records
Your loved one’s income records
Accident scene and injury photos
Lay and expert witness statements
Your background and criminal record
Your knowledge of the accident
Your family’s compensation

The lawyer representing you will not tax you and your family with collecting evidence that can be complex and painful. They will gather these items for you because they create a comprehensive evidence file and tell the story of the accident that led to your loved one’s fatal injuries and death.

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Depositions Versus Interrogatories

In some wrongful death cases, you may undergo interrogatories rather than a deposition. Interrogatories are also part of the discovery phase during which each side must share information with the other.

Here is how depositions and interrogatories differ:

Depositions are questions answered before your wrongful death trial, live, under oath, and in the presence of a court reporter or videographer.
Interrogatories are up to 40 written questions asked in writing and under oath. Just like with a live deposition, you are required to respond honestly and to the best of your ability.

Your lawyer will explain whether you will be subjected to one or both of these proceedings and will be with you at either.

The discovery phase can be a difficult ordeal after the sudden death of a loved one. The experienced lawyers at Bader Scott Injury Lawyers will be at your side to help you through this challenging period.

Your Wrongful Death Attorney Will Ensure You Are Prepared

No one should go into a deposition without being thoroughly prepared and well-represented. On your own, it can be difficult to prepare for a wrongful death deposition since you may not know what to expect. Your lawyer will:

Explain who will be present
Ask several sample questions
Explain the deposition process
Prepare any required or relevant documents

Your lawyer will also explain what will happen once the deposition is complete. The guidance and support of your lawyer can make a challenging process easier by ensuring you feel prepared.