Depositions
If you’ve been in contact with an attorney after a car accident that was not your fault, then you might be familiar with the legal term “deposition”, which can be defined as a sworn testimony from a witness that occurs outside of the court. Typically, this is part of the discovery part of the legal process because a deposition is considered a method of discovery similar to other things such as requests for admissions and interrogatories. There are 2 primary types of depositions:
- Oral Depositions: This is a formal oath that takes place among all involved parties, administrators, and deposed witnesses. Sometimes, there is someone there to transcribe the deposition.
- Written Depositions: This method works by allowing the deponent to answer a set of written questions submitted by the part. Although it creates a witness testimony, it is rendered less valuable than an oral deposition because it can be more difficult to ask follow-up questions about the deponent’s responses.
Admissibility
Depositions are usually inadmissible in court, and there are very rare circumstances where people can introduce the testimony at trial. A few of these conditions include:
- The witness is unable to testify in court
- The witness admits something that goes against their interest
- The witness proposes different answers in court than they did in the sworn deposition
What happens after a car accident Deposition?
Review of recording / transcripts: All parties will be able to look over the electronic recording or transcript of the deposition, to which they can look for errors and decide how they want to move forward with the case. It is typical for deposition answers to prompt further investigation to gather more evidence.
Request for a medical exam: After the person making the claim is deposed, the party who is at-fault may request that the claimant receives a medical examination with a physician hired by the insurance company. The doctor they hire will most likely try to minimize the severity of the injuries for legal purposes. However, your attorney will hook you up with a doctor who will examine you properly.
Settlement: Car accident depositions lead to settlement offers if the at-fault’s insurance provider concludes that a settlement is best for the part. The amount of compensation you are entitled to fluctuates based on how your quality of life was impacted from the accident, along with all the out-of-pocket expenses you paid. Your attorney will help guide you through this process and fight to make sure you get a fair compensation. Ultimately, it is your decision whether or not you want to accept the final offer.
Trial preparations: If there’s no settlement offer or you choose not to accept one, then your attorney will gather all evidence and prepare opening / closing statements so you can present your case to the court.
Deposition Expectations
It can be nerve-wracking to deliver a testimony in court because it raises concerns. This is common for many people. Fortunately, your attorney will help prepare you for the deposition and inform you on the types of questions you can expect to hear. Prepare to explain the following information:
- Personal information (name, address, job)
- Medical history prior to the accident (pre-existing conditions)
- Accident information & details
- Description of your injury
- Description of your life & condition after the accident
Behavior
Despite the deposition taking place outside of the court, it is a sworn testimony, so make sure you are wearing professional attire and maintain appropriate behavior. Here are some examples of professional behavior:
- Avoid small talk (off-topic conversations, jokes, etc)
- Take your time
- Only answer the question asked of you with no unnecessary information
- Be honest
- Prepare before the testimony
Do I really need an attorney?
Absolutely. Attorneys are a valuable asset in the legal process following a car accident, as they will work to help you prepare for your deposition and make the overall process a lot smoother. In fact, having an attorney present at the deposition can be extremely helpful in case they need to state an objection to the opposing questions. Finally, attorneys can assist in making sure you are getting fair compensation to cover your injuries. Other services most attorneys offer are:
- Guidance through your legal options – including settlement offers
- Case valuation
- Litigation (opening & closing statements, presentation of evidence, examination of witnesses)
- Evidence collection and organization to prove liability & injury severity
- Paperwork filing
If you have a car accident claim, then we recommend you contact an experienced attorney who has experience with handling claims like yours. Contact an attorney online immediately to talk with them about your case.
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