If you are injured in an accident, you may be entitled to compensation to help cover your medical bills, lost wages, pain, and suffering, and legal costs. The goal is to make sure you receive the best possible compensation for your injury, which could mean taking your case to court.
What is an Examination Before Trial?
In New York, an Examination Before Trial, also known as a deposition, is a relatively simple procedure that occurs during the discovery phase of your lawsuit. During a deposition, both sides of a civil lawsuit will try to gain as much information as possible about all aspects of the case and will use the opportunity to explore new avenues of potential evidence.
Although an EBT is informal in the sense that it does not take place in a courtroom, and there is no judge or jury present, it is important to remember that you are still under oath and are legally obligated to answer all questions truthfully.
What happens at the Examination Before Trial?
During an EBT in New York, you will appear at a specified time and place to give sworn testimony about your case. In addition to the other parties and lawyers involved in your case, a court reporter will be present, so a record of your testimony under oath is made.
Once the deposition begins, you will be required to provide truthful answers to all questions asked by the opposing attorney. As the deposition occurs during the discovery phase of a lawsuit, you may notice that attorneys are permitted to ask a broader range of questions than would otherwise be permitted in a courtroom. Although this may seem nerve-wracking, it is important to remember to remain calm, to take your time answering, and to avoid volunteering any unnecessary information.
What happens after the Examination Before Trial?
After your EBT, the court reporter will transcribe your deposition. You and your attorney will be provided with a transcript of your testimony to review for any mistakes or inconsistencies. Your attorney will evaluate your testimony to determine whether additional parties must be deposed to fill in any gaps in your testimony. Finally, your deposition may be entered into court as evidence in a trial.
Contact an experienced personal injury attorney
At the Law Office of Evan W. Kohn, our personal injury lawyer Bronx is ready to provide you with personalized guidance throughout every stage of your personal injury claims process in NYC. If you are injured due to negligence in the Bronx, call (718) 409-5500 or contact us online to speak with a skilled accident lawyer today.