After a lawsuit has been filed, the parties will begin what is called “discovery.” This is essentially the fact gathering or investigation of a claim. Depositions are part of this process referred to as “oral discovery.” You can find more about the discovery process in our Litigation Timeline Part II: Discovery.
Depositions are a critical part of any car accident lawsuit. These are how parties obtain information from each other to more fully evaluate the claim.
A deposition is an out of court testimony that is given under oath. The person who is giving the sworn testimony is referred to as the “deponent.” So for example, if you were in a car accident and filed a lawsuit, the defendant’s attorneys (likely from the insurance company), will depose you and you will be the deponent.
Who attends a deposition?
Usually, there will be the person being deposed, the attorneys for both sides, and a court reporter. The deposition will likely take place at an office building. The court reporter will administer the oath before the deposition and then prepare a written transcript of the deposition. The court reporter and deposition transcripts are usually considered a cost of the lawsuit separate from attorney’s fees. The judge and court personnel are usually not involved with depositions.
The Defendant’s Side Will Probably Depose You
Every car accident claim is unique for a variety of reasons. There are some that will settle before a lawsuit is filed or right after, but many will not. There may be an issue of who is at fault, what percentage of the fault lies with the other party, or maybe the insurance company takes issue with the damages being claimed. If there is an issue that can’t be resolved, it’s very likely that you will be deposed before a settlement can be reached.
Attorneys from both sides must work with whoever is being deposed to find a time that works for everyone to schedule the deposition. They will work with your schedule as long as any requests are reasonable. If you are represented by a car accident attorney, they will meet with you before the deposition to go over your testimony. This is important because the other side’s attorney may try to ask questions that can raise doubt about your claim.
The defendant’s attorney will ask you many different questions during the course of the deposition. They will ask your name, address, employment and education history, possibly about family members, and if you’ve taken any medication that day (so that they confirm you are giving your best possible answer).
They will have you go over your recollection of events surrounding the accident. They may do so in a way to try to make it sound like you were in a rush or distracted so that you contributed to the accident. This is one way they can help to lower the value of your claim.
The defendant’s attorney will also have reviewed your medical records and will ask you questions about them. They will ask about your employment and if you are claiming lost wages, your job duties, income, and for you to explain why you couldn’t work. If you are self-employed, you will need to be able to demonstrate how you calculated the numbers you claim to have lost.
It is important to listen to every question carefully and answer honestly. If you don’t know the answer to a question, it is important not to guess. It is also important to answer “yes” or “no” questions with a “yes” or “no.” Lawyers know that people don’t like dead air—they may purposely ask a question and just let you talk to try to get information from you they wouldn’t have otherwise.
Although many questions may seem intrusive, the parties are allowed by law to ask certain things about your claim to help determine their defense. If the lawyer goes too far, your attorney is allowed to make an objection to have that line of questioning stopped. It is important to remain calm and answer clearly, because the defendant’s attorney is assessing what type of witness you will be at trial. If you show that you would harm their case because you answer clearly and honestly, they may be more inclined to settle and not risk a trial.
Who is deposed in a car accident case?
If the case goes far enough to begin to prepare for trial, there will likely have been several depositions. You the victim, any other parties involved in the accident or who witnessed it, and expert witnesses.
Expert witnesses are necessary to help prove your case at trial. These consist of doctors specializing in the area of your injury, economists who support your claims for lost wages, accident reconstructionists who recreate the scene of the accident, and many others. Sometimes there can be more than one doctor or economist to support your position depending on their specialty. Like a court reporter, expert witnesses are costs of a case separate from attorney’s fees.
Depositions can be nerve-racking even if you’ve been in one before. The best thing to do is be as prepared as you can with your car accident attorney and to give honest and clear testimony.
If you have questions about how depositions work in a car accident case or would like to discuss your car accident claim, please feel free to give us a call at (916)619-5452 We also have a form that you can fill out on our website and someone will be in contact with you
