Are you preparing to file a lawsuit in the aftermath of, say, a motorcycle accident? If so, one of the first things you should do is hire an established motorcycle accident attorney in Charlotte, NC, to represent you.

They can help you put together the strongest personal injury case possible. They can also answer important questions like, “Do you legally have to give a deposition in a personal injury case?” and speak with you about the Federal Rules of Civil Procedure.

So, is your deposition testimony a legal obligation during a personal injury case? Or are you allowed to refuse to take part in a deposition? Learn more below.

What Is a Deposition During a Personal Injury Case?

deposition during a personal injury case is a part of the discovery phase that takes place before the case goes to trial. During a deposition, the attorneys representing both sides in a case have the opportunity to question you and others involved in your accident.

If attorneys would like to question you during a deposition for a personal injury case, they’ll let you know by sending a subpoena. It’s a written order that calls for your participation in a deposition or another legal matter.

If you ever receive a subpoena, it may cause you to wonder, “Do you legally have to give a deposition in a personal injury case?” Let’s discuss the legal ramifications of receiving a subpoena for a deposition next.

Do You Legally Have to Give a Deposition?

The answer to the question, “Do you legally have to give a deposition in a personal injury case?” is usually “yes.” The Federal Rules of Civil Procedure dictate that the majority of people who receive subpoenas for depositions must respond to them and take part in them on the designated days.

In many cases, you’ll be more than happy to participate in a deposition in a personal injury case you’ve filed. It’ll provide you with a chance to tell your side of the story concerning your motorcycle accident in Charlotte, NC, or another type of accident.

That being said, certain circumstances may help you avoid taking part in depositions. You need to know when you can steer clear of participating in them.

Are There Any Exceptions to Your Legal Obligation To Participate in a Deposition?

Do you have any health and/or safety concerns when it comes to participating in a deposition during a personal injury case? If you do, they could warrant you refusing to take part in a deposition.

Is participating in a deposition during a personal injury case going to put an undue burden or expense on you? This is yet another scenario in which you can potentially skip a deposition without facing any legal consequences.

There are also several other exceptions to your legal obligation to participate in a deposition during a personal injury case, including:

  • You’re asked about privileged information during a deposition that is protected by attorney-client confidentiality.
  • You run the risk of incriminating yourself by answering certain questions during a deposition.
  • You’re consistently harassed or asked irrelevant questions by an attorney for the opposing side during a deposition.

Your personal injury lawyer can explain other possible exceptions for depositions in cases involving motorcycle accidents and other types of accidents.

What May Happen If You Refuse To Take Part in a Deposition?

Are you thinking about refusing to participate in a deposition during a personal injury case? You should know that you could face serious consequences if you take this approach to responding to a subpoena for a deposition.

For instance, you might be held in contempt of court. This can lead to you facing fines and even jail time in some cases.

You might also find that a judge will dismiss your case if you refuse to cooperate with a deposition request. This can prevent you from collecting compensation in an accident lawsuit. It could make it difficult for you to pay for medical bills and other accident-related costs.

Reach Out to Us for Help With Your Personal Injury Case

Are you nervous about taking part in a deposition during a personal injury case? You won’t have anything to worry about when you have the experienced legal team from Yale Haymond Law PLLC on your side in Charlotte, NC.

We can answer the question, “Do you legally have to give a deposition during a personal injury case?” further. We can also go over all your options and even touch on the legal implications of mediation during a personal injury case. Contact us at 704-800-HELP (4357) today.