When you seek help from a car accident lawyer, that lawyer will need to gather evidence relating to the accident that they can use to build a case for you. A car accident deposition is one piece of the evidence they will collect during the discovery process.
What is a Car Accident Deposition?
A car accident deposition is testimony given by a witness out of court. The deposition is taken during the process called discovery, or the before the trial in which lawyers collect evidence to support the claims they seek compensation for. The main goal of a deposition is to create an official record of sworn statements that can be used to help support a claim or personal injury lawsuit.
What Are the Different Types of Depositions?
Oral Depositions in Car Accident Cases
Oral depositions are a common part of the car accident deposition process, allowing parties to gather detailed verbal accounts from witnesses, plaintiffs, and defendants.
These depositions typically occur in a lawyer's office and are recorded by a court reporter. They provide an opportunity for insurance adjusters or the defendant's lawyer to ask questions about the incident and the resulting personal injury claim. Oral depositions in car accident cases:
- Are typically taken in-person with both parties and their attorneys present.
- Allow for cross examination of the deponent's testimony.
- Offer the chance to observe the deponent's demeanor and credibility.
- Can influence the direction of settlement negotiations or trial preparations.
Having a car accident lawyer present during oral depositions ensures that your rights are protected and that the questioning remains relevant to the personal injury case.
Written Depositions in the Legal Process
Written depositions differ from oral ones by requiring the deponent to answer questions in writing. These are often used when scheduling conflicts or geographic distances make oral depositions difficult. They can also be requested by insurance companies or opposing lawyers as part of the discovery process. Things to know about written depositions for personal injury cases include:
- Questions are sent and answered in writing, providing a detailed written transcript.
- It is useful for gathering specific information without the need for a formal meeting.
- It may be less intimidating for deponents who may be uncomfortable with oral questioning.
- It allows for precise responses that are carefully crafted with legal guidance.
A well-prepared personal injury lawyer can help draft and review written deposition responses, ensuring they accurately reflect the details of the car accident case and support the client's position.
Why Is a Deposition Important for a Car Accident Claim?
When you bring a car accident claim against another person, your goal is to prove that the other person is responsible for your accident and subsequent injuries. To prove that the defendant is responsible, you need evidence from the accident, which may include:
- witness statements
- photos
- video footage
- a police report
- medical records
A deposition is another way in which lawyers can collect evidence to prove the defendant's fault, combat false narratives, and ensure you receive maximum compensation for your injuries when the insurance company refuses to offer a fair settlement.
During a deposition, the defendant's car accident lawyer asks questions about the deponent's life, state of mind, and health before the accident and the circumstances of the accident.
Another benefit gained in a deposition is a better understanding of how the accident affected the deponent's life. As the plaintiff and the car accident victim, you will likely have much to relay about the injuries you've suffered and other damages you've had to endure because of your accident. A complete view of your suffering is crucial to ensuring you get the appropriate compensation to cover all your damages.
What Happens at a Deposition?
A deposition will happen with your attorney present and usually follows this legal process in a car accident case:
- Administration of the oath. The court reporter and/or notary administers the oath in which the deponent swears to tell the truth.
- Questioning. The lawyer who requested the deposition questions the deponent. They can ask any questions they believe are relevant to understanding the deponent and the case.
- Break. Depositions generally take a long time. Those under a time limit usually last seven hours, with a one-hour break at some point during the proceedings.
- Further questioning and/or cross-examination. After the initial questioning is complete, the opposing lawyer may ask questions to help clarify any confusing points. Of course, after this, the initial questioner is allowed to ask more questions in follow-up, if desired.
- Conclusion. The deposition ends when the lawyers finish questioning or the time limit is up.
While lawyers are not allowed to coach deponents on the answers they should provide, they can help you prepare. If you're called in for a deposition, speak with your lawyer for advice.
What Kinds of Questions Can You Expect at a Deposition?
What Kinds of Questions Can You Expect at a Deposition?
The questions in a deposition vary from basic personal information to important details about what led to your personal injury claim or car accident lawsuit. The most common questions you might expect to encounter include:
- Do you know that you are under oath and obligated to tell the truth?
- Do you take any medications that might prevent you from answering deposition questions?
- What is your full name?
- What is your age?
- Where were you born?
- How long have you lived at your current address?
- Do you live alone?
- Are you currently married?
- Where does your spouse work?
- Do you have children?
- Where did you attend school?
- Do you have a college degree?
- Have you been convicted of a crime?
- Have you ever been arrested?
- Did you prepare in any way for this deposition?
- What documents about this case have you seen?
After completing this type of introductory questioning, lawyers will ask you specifics about the accident, such as:
- What happened in the accident?
- When did the accident occur?
- What you were doing when the collision occurred?
- How has the car accident affected you physically, mentally, and financially?
- Have you received an independent medical examination?
The questions at each deposition will vary considerably based on what the lawyers questioning you want to know, so practice answering questions with your lawyer before any deposition testimony.tions at each deposition will vary considerably based on what the lawyers questioning you want to know, so be sure to prepare with your lawyer before any deposition.
Tips for Handling a Deposition Well
If you're worried about your deposition or concerned that you'll make a mistake, you're not alone. The deposition experience can cause stress and confusion for any personal injury case.
However, to ensure that the deposition goes well and you do your job to the best of your ability:
- Tell the truth. Never equivocate, and don't add unnecessary information. Simply tell the truth and answer every question as precisely as you can.
- Don't be afraid to say you don't know or remember. If you don't know an answer or can't remember a detail, say so. This is simply telling the truth! Guessing about an answer may only lead to more trouble for you in the future.
- Stay calm and answer only the questions asked. There's no need to embellish your story or add details no one asked for. Answer each question as fully and calmly as possible. Only provide the requested details. Depositions can be frustrating and tiring, so don't be ashamed to ask for a break if you need a few minutes to calm down.
Remember that your legal representative will be there with you. If there are any questions that you don't have to legally answer and don't want to answer your lawyer will make you aware of them and help you refuse to answer.
Before you go to a deposition, discuss it with your lawyer so they can guide you on how to answer questions appropriately in your unique situation.d help you refuse to answer. Before you go to a deposition, discuss it with your lawyer so they can guide you on how to answer questions appropriately in your unique situation.
What Happens After a Deposition?
When a deposition is over, you get to relax somewhat. The most difficult part of the case for you is now over unless, of course, you need to appear in court. However, your lawyers don't stop at this point. They will keep working to ensure you receive a fair settlement from the insurance company or at-fault party.
After a deposition, your lawyers will:
- Review the transcript with you to ensure its accuracy.
- Conduct follow-up discovery by requesting more information from the other lawyers or by providing more information in response to requests.
- Help you negotiate for a settlement so that you can, if possible, settle the case with the compensation you deserve before you go to court.
If necessary, your case may go to trial after completing these steps. Your lawyer will build your case and defend your case in court before a judge or jury. will build your case and defend your case in court before a judge and jury.
After the trial, the judge and jury will hand down a verdict that will include the amount of settlement they believe you deserve. Your lawyer can help you get the settlement check, pay off your debts, and use the remainder of the check to pay for whatever you need.
Trust The Levin Firm To Help You With a Car Accident Deposition
If you’ve been in a car accident and need legal help to prepare you for a claim against the at-fault driver, don’t hesitate to reach out for guidance from an experienced personal injury lawyer in Philadelphia.