Deposition Summary And Its Use In A Personal Injury Case

by | Published on Apr 25, 2022 | Deposition Summary

Deposition summaries comprise transcribed conversations of the personal injury lawsuit witnesses in a condensed, crisp, and concise format. The depositions are recorded with a court reporter during the discovery stage of the litigation process. It is a set of questions that the lawyer asks the despondent under oath. Subsequently, this conversation is converted into a written transcript by the court reporter. Reading and analyzing these multitudinous records is a cumbersome task for trial attorneys. Besides, half of the content of the written document will be illegible, and referring to this during the trial is a tedious process. Therefore, it is essential to outsource the summarization of deposition to reliable medical record review companies.

The Significance of Deposition Summary in a Personal Injury Case

  • Place, date, and type of accident

The deponent is asked about the place, date, and type of accident in a personal injury case. It will be recorded in the deposition transcript. This data is highlighted in the deposition summary, making it easier for an attorney to get clarity on the timespan of the accident. It can give an idea about the complexity of the case and also help determine and compute eligible compensation. Personal injury lawsuits can be filed for motor vehicle accidents, wrongful death, workplace accidents, and premises liability. Determining the cause of the injury helps the attorney to find the person who is at fault.

  • Nature and severity of the injury

The seriousness of the injury is a key factor in determining the settlement of a personal injury lawsuit. The injuries have to be assessed properly to claim compensation for the damages sustained by the plaintiff. When summarizing deposition transcriptions, the details regarding the pain and suffering caused due to the accident have to be clearly indicated. It can help attorneys connect the pain with the injuries. The injured plaintiff’s work status can be analyzed and the required compensation can be claimed.

  • Treatment type, plans, and history

The timeline of the medical encounters of the plaintiff gives an insight into the treatment received by the patient. In a deposition summary, this data will be easily accessible. As these are recorded under oath, the facts presented during the litigation are authentic. It also lists the healthcare providers who treated the plaintiff.  Personal injury attorneys can give an estimate of the medical costs the plaintiff has to incur in the future. The medical costs cover both physical and mental damages.

  • Details regarding prior injury, if any

The defendant’s claim of a prior injury being the cause of a plaintiff’s current condition is common in personal injury lawsuits. Under such circumstances, the deponent’s answer to the question, “Did you have a prior injury to the same portion of the body that was affected by the accident?” holds importance. This data is specifically recorded in the deposition summary. While defending the plaintiff, the attorney can point out that the plaintiff had no previous health condition.

  • The impact of the injury on the life of the plaintiff

The testimony of the witness or the doctors in the deposition summary can enable attorneys to show the extent to which the injury has impacted the life of the plaintiff. It is concrete evidence to quantify future losses.

Deposition transcripts are written in the pre-trial stage. Summarizing the deposition is reducing the testimony to key facts so that attorneys can analyze the strengths and weaknesses of the case. Medical record review companies have an in-depth understanding of medico-legal cases and provide attorneys with quality and deposition summary services.

Discover our medical record review solutions and partner with us for your next case.

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